TERMS & CONDITIONS OUTLINE:
TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
SERVICES AND PRODUCTS
REGISTRATION
PURCHASES AND PAYMENT
MARKETING AND REVIEWS
MOBILE DEVICES
CONDUCT
GLOBAL COMPLIANCE AND USAGE GUIDELINES
USER CONTENT LICENSE
CONTRIBUTIONS TO WEBSITE
INDEMNITY
COMMERCIAL REUSE OF SERVICES
USE AND STORAGE
MODIFICATION AND TERMINATION
ADVERTISERS
LINKS
PROPRIETARY RIGHTS AND TRADEMARK
WARRANTY DISCLAIMERS
EXCLUSIONS AND LIMITATIONS OF LIABILITY
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
NOTICE OF CHANGES TO TOS
INTELLECTUAL PROPERTY CLAIMS AND PROCEDURES
CHOICE OF LAW AND FORUM
SITE AND PROGRAMS DO NOT PROVIDE MEDICAL ADVICE
WAIVER AND SEVERABILITY OF TERMS
NON-TRANSFERABILITY
STATUTE OF LIMITATIONS
MISCELLANEOUS
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Rockwell School of Holistic Medicine, LLC, hereby referred to as “Rockwell,” located at 7901 4th St. N #8829, St. Petersburg, FL 33702, and our subsidiaries and affiliates, in association with the use of the Rockwell website, which includes www.schoolofholisticmedicine.com (the "Site"), media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the "Site") and its Services, which shall be defined below.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
This TOS constitutes the entire agreement between you and Rockwell and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Rockwell Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Rockwell Services, affiliate Services, third-party content, or third-party software.
SERVICES AND PRODUCTS
The website provides information about the services Rockwell offers. The website allows customers to sign up and pay for services. The website provides a portal to online classes and testing.
Any and all visitors to our site, regardless of whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Rockwell.
At its discretion, Rockwell may offer additional website Services and/or products or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
Rockwell complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.
Rockwell School of Holistic Medicine does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept, and agree that Rockwell School of Holistic Medicine shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products.
Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised, or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided "AS IS," and as such, Rockwell School of Holistic Medicine, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change. You will have lifetime access to any program you purchase; however, the program and/or courses you enroll in are subject to change, growth, and evolution and are subject to revision and improvements. You are not required to redo any course material.
REGISTRATION
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract.
In addition, you must be in good standing and not an individual who has been previously barred from receiving Rockwell's Services under the laws and statutes of the United States or other applicable jurisdictions.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a.) Furnish factual, correct, current, and complete information with regard to yourself as may be requested by the data registration process.
b.) Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
c.) Not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Rockwell School of Holistic Medicine will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and as such, refuse any and all current or future use of Rockwell School of Holistic Medicine’s services, or any portion thereof.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- All registration information you submit will be accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You have the legal capacity and agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
PURCHASES AND PAYMENT
We accept the following forms of payment:
a.) Discover
b.) American Express
c.) Mastercard
d.) Visa
e.) Afterpay
f.) Klarna
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as we deem required. We may change prices at any time.
All payments shall be in U.S. dollars. For international students, contact your bank for current exchange rates.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees if you’re ordering merchandise, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method regularly without requiring your prior approval for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, payment method, and orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
When our order form asks users to enter sensitive information, such as a billing address, that information is encrypted and is protected with encryption software. While on a secure page, such as our order form, the web address prefix changes from http to https, confirming that the security software is active.
Please review our Terms of Service at checkout and as posted on the FAQ and the enrollment purchase agreement before making any purchases.
ACCOUNT SECURITY AND PRIVACY
After completion of the registration data and creation of your username and password, you shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account.
It shall be your responsibility to notify Rockwell School of Holistic Medicine immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Rockwell School of Holistic Medicine shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information offline. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information.
MARKETING AND REVIEWS
Upon registration or placing an order, you agree to opt to receive occasional emails where we may send you updates relating to your registration or order, information about our company, new courses and products, and special offerings. You can opt out of our emails at any point.
All emails provide an unsubscribe option for you to remove yourself from our mailing list. You can also contact us directly at [email protected] to have us manually remove this information.
We may provide you with areas on the Site where you can leave reviews or ratings. When posting a review, you must comply with the following criteria:
a.) You should have firsthand experience with the person/entity being reviewed.
b.) Your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language.
c.) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
d.) Your reviews should not contain references to illegal activity.
e.) You should not be affiliated with competitors if posting negative reviews.
f.) You should not draw any conclusions about the legality of conduct.
g.) You may not post any false or misleading statements.
h.) You may not organize a campaign encouraging others to post positive or negative reviews.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. We do not endorse reviews and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all Content relating to review.
MOBILE DEVICES
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings:
a.) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
b.) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
c.) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
d.) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or the U.S. government has designated that as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
e.) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
f.) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
CONDUCT
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated.
In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of Rockwell Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content.
It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Rockwell.
Furthermore, you herein agree not to make use of Rockwell School of Holistic Medicine's Services for the purpose of:
a.) Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b.) Causing harm to minors in any manner whatsoever;
c.) Impersonating any individual or entity, including, but not limited to, any Rockwell officials, forum leaders, guides, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d.) Forging captions, headings, or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e.) Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f.) Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g.) Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h.) Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i.) Disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j.) Interfering with or disrupting any Rockwell Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k.) Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l.) Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act;
m.) "Stalking" or with the intent to otherwise harass another individual and/or collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities that have been set forth in the aforementioned paragraphs.
Rockwell herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or that would otherwise be considered offensive to other visitors, users, and/or members.
Rockwell herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law or in good faith believe that any such action is deemed reasonably necessary for:
a.) Compliance with any legal process;
b.) Enforcement of the TOS;
c.) Responding to any claim that therein contained content is in violation of the rights of any third party;
d.) Responding to requests for customer service;
e.) Protecting the rights, property, or personal safety of Rockwell, its visitors, users, and members, including the general public.
Rockwell herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Rockwell or any other content providers supplying content services to Rockwell. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done so in whole or in part, is expressly prohibited.
GLOBAL COMPLIANCE AND USAGE GUIDELINES
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct that are considered acceptable Content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a.) Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b.) Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c.) Agree not to use our website network Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws;
d.) Agree not to post, transfer, or upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
USER CONTENT LICENSE
Rockwell shall not lay claim to ownership of any content submitted by any visitor, member, or user or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Rockwell the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a.) The content submitted or made available for inclusion on the publicly accessible areas of Rockwell's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Rockwell's sites and shall terminate at such time when you elect to discontinue your membership.
b.) Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Rockwell's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Rockwell's sites and shall terminate at such time when you elect to discontinue your membership.
c.) For any other content submitted or made available for inclusion on the publicly accessible areas of Rockwell's sites, the continuous, binding, and completely sub-licensable license is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas that may be deemed "publicly accessible" areas of Rockwell's sites are those such areas of our network properties that are meant to be available to the general public and which would include message boards and groups that are openly available to both visitors and members. However, those areas that are not open to the public and thus available to members only would include our mail system and instant messaging.
CONTRIBUTIONS TO WEBSITE
Rockwell provides an area for our users and members to contribute feedback to our website. When you submit ideas, comments, documents, suggestions, and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a.) Your Contributions do not contain any type of confidential or proprietary information;
b.) Rockwell shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c.) Rockwell shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d.) The contributor's Contributions shall automatically become the sole property of Rockwell;
e.) Rockwell is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Rockwell, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Rockwell Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to Rockwell's sites.
USE AND STORAGE
You herein acknowledge that Rockwell may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by Rockwell, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Rockwell's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Rockwell has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services.
You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Rockwell shall reserve the right to modify, alter, and/or update these general practices and limits at our discretion.
MODIFICATION AND TERMINATION
Rockwell shall reserve the right, at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, and/or discontinuance of our Services or any part thereof.
As a member of www.schoolofholisticmedicine.com, you may cancel or terminate your account and/or access to our Services by submitting a cancellation or termination request to [email protected].
As a member, you agree that Rockwell may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
a.) Any breach or violation of our TOS or any other incorporated agreement, regulation, and/or guideline;
b.) By way of requests from law enforcement or any other governmental
agencies;
c.) The discontinuance, alteration, and/or material modification to our Services, or any part thereof;
d.) Unexpected technical or security issues and/or problems;
e.) Any extended periods of inactivity;
f.) Any engagement by you in any fraudulent or illegal activities;
g.) The nonpayment of any associated fees that may be owed by you in connection with your www.schoolofholisticmedicine.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with www.schoolofholisticmedicine.com shall include any and/or all of the following:
a.) The removal of any access to all or part of the Services offered within www.schoolofholisticmedicine.com;
b.) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account or any part thereof;
c.) The barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Rockwell shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Rockwell or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources. As such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Rockwell shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS AND TRADEMARK
You do hereby acknowledge and agree that Rockwell's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content that may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Rockwell or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on Rockwell Services (e.g. Content or Software), in whole or part.
Rockwell herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface that Rockwell provides for use in accessing our Services.
You herein acknowledge, understand, and agree that all of the Rockwell trademarks, copyrights, trade names, service marks, and other Rockwell logos and any brand features and/or product and service names are trademarks and, as such, are and shall remain the property of Rockwell. You herein agree not to display and/or use the Rockwell logo or marks in any manner.
WARRANTY DISCLAIMERS
You herein expressly acknowledge and agree that:
a.) The use of Rockwell services and software is at your sole risk. Our services and software shall be provided on an "as is" and/or "as available" basis. Rockwell and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind, whether expressed or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b.) Rockwell and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that (i) Rockwell services or software will meet your requirements; (ii) Rockwell services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Rockwell services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
c.) Any information or material downloaded or otherwise obtained by way of Rockwell services or software shall be accessed by your sole discretion and sole risk. As such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
d.) No advice and/or information, whether written or oral, that may be obtained by you from Rockwell or by way of or from our services or software shall create any warranty not expressly stated in the TOS.
e.) A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know, or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
You explicitly acknowledge, understand, and agree that Rockwell and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to. These damages may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of the possibility that said damages might occur and result from:
a.) the use or inability to use our service;
b.) the cost of procuring substitute goods and services;
c.) unauthorized access to or the alteration of your transmissions and/or data;
d.) statements or conduct of any such third party on our service;
e.) and any other matter which may be related to our service.
Rockwell is not liable for the delay, failure, interruption, or corruption of any data or other information related to your use of www.schoolofholisticmedicine.com and its services.
We shall not be liable for any damages including, but not limited to, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, resulting from the use of or inability to use www.schoolofholisticmedicine.com or its services.
Rockwell limits its liability for certain damages and does not guarantee specific outcomes from its services. Some legal jurisdictions do not allow such exclusions or limitations, meaning those provisions may not apply to users in those areas.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again.
In addition, the phrase "Let the investor beware" is appropriate for this particular type of information. Rockwell's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes.
Rockwell and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
NOTICE OF CHANGES TO TOS
Rockwell may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
INTELLECTUAL PROPERTY CLAIMS AND PROCEDURES
Rockwell will always respect the intellectual property of others, and we ask that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, Rockwell may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others.
If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us with the following information:
a.) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b.) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c.) A description of the location of the site which you allege has been infringing upon your work;
d.) The physical address, telephone number, and email address;
e.) A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
f.) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner's behalf.
The Rockwell Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Email: [email protected]
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Rockwell with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Rockwell, shall be filed within the courts having jurisdiction within the County of Pinellas, or the U.S. District Court located in said state.
You and Rockwell agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.
SITE AND PROGRAMS DO NOT PROVIDE MEDICAL ADVICE
The contents of www.schoolofholisticmedicine.com and its related courses are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Seek advice from a qualified physician if you have any questions regarding a medical condition. Rockwell does not recommend or endorse and makes no representations or warranties regarding any specific tests, physicians, products, procedures, or other information on the site. Reliance on any information provided on www.schoolofholisticmedicine.com and its courses is solely at your own risk. If you have a medical emergency, call 911.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Rockwell fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable, and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 3 years (s) after said claim or cause of action arose or shall be forever barred.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You now waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Rockwell graduates are not trained to diagnose conditions, treat disease, or prescribe pharmaceutical drugs unless they have independent licensure to do so in their respective state(s) or country of residence.
CONTACT US
In order to resolve a complaint or report a violation regarding the Site and/or its TOS or to receive further information regarding the use of the Site, please contact us at:
Rockwell School of Holistic Medicine, LLC
7901 4th St. N #8829
St. Petersburg, FL 33702
(727)516-8903
