The contents of the Web site of Christiane Northrup, M.D. (“Christiane Northrup, Inc. or “CNI”), www.drnorthrup.com, (the “Web site”), such as text, graphics, images, information obtained from the Web site’s licensors and other material (“Content”) contained on the Web site 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 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 DrNorthrup.com 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 DrNorthrup.com. 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.
The Web site contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.
2. Your Acceptance of CNI’s Terms and Privacy Policy
Your use of and/or visitation to the Web site signifies your agreement to (1) these terms and conditions (the "Terms of Use") and(2) CNI’s privacy notice, found at http://www.drnorthrup.com/legal/privacy.php and incorporated here by reference. If you do not agree to any of these terms or CNI’s privacy notice, 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 http://www.drnorthrup.com/legal/terms.php. In its sole discretion, CNI may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the 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 Service, under the following conditions:
4. CNI Accounts
In order to access some features of the Web site, you will have to create a CNI account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CNI immediately of any breach of security or unauthorized use of your account. Although CNI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CNI or others due to such unauthorized use. The creation of a CNI account is an explicit acceptance by you of these Terms of Use.
5. Electronic Communications
By establishing an account with the Web site, you consent to receiving electronic communications from CNI. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with CNI and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. 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.
7. 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, or its shareholders, directors, officers, or employees. Under no circumstances shall CNI, or its shareholders, directors, officers, directors, 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.
8. 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 described in the “Health Store”. All dietary supplements and ingestible or topical products discussed on the Web site are sold by parties other than CNI. While CNI receives referral fees in many cases, it does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on DrNorthrup.com.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CNI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. NEITHER CNI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE 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 SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE 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 OR FITNESS FOR A PARTICULAR PURPOSE CNI ASSUMES NO 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 OUR 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 OUR WEB SITE, (IV) 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 (V) 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 THE CNI 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. CNI, 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.
9. Liability of CNI
If you are dissatisfied with DrNorthrup.com, any information found thereon, or with any DrNorthrup.com Terms of Use or Privacy Policy, your sole and exclusive remedy is to discontinue using DrNorthrup.com. 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.
CNI is not liable for any personal injury, including death, caused by your use or misuse of the Web site or Content or by any products you purchase from a third party. In no event shall CNI or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not CNI is advised of the possibility of such damages. Any liability of CNI shall be limited to the actual damages incurred by you, not to exceed U.S. $1000.
IN NO EVENT SHALL CNI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE SITE OR AFFILIATED SITES, 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 SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CNI IS 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 THAT THE CNI Web site IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE CNI Web site FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
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 Web site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
You agree to defend, indemnify and hold harmless CNI and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of: (i) your use of the Web site and/or any information, services and/or goods provided via the 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; (iv) any claim that on of your User Submissions caused damage to a third party. The obligations under this subsection will survive these Terms of Use and your use of the Web site.
11. Advertisements, Product/Service Promotions and Links to Other Sites
CNI discusses certain products and/or services of third parties on the 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 or promoted 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 the Web site. Unless expressly stated, CNI has not reviewed or endorsed these Web sites, has no control over those 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 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 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.
12. User Submissions and Contributions
Any information provided when you “Join Our Community” is subject to our Privacy Policy. Beyond that information, any E-mail 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 to the Web site, including, but not limited to questions, comments, reviews, and participation in blogs. 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 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 including, without limitation, responses to questionnaires or through postings to the Web site, without further compensation, acknowledgement or payment to you 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 no additional 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.
We reserve the right to reject, remove or edit User Submissions at anytime without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, 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.
13. Privacy Policy
Your acceptance of these Terms of Use and/or use of the site constitutes your acceptance of CNI's Privacy Policy.
14. 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 provided 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 respect to its conflict of the laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. 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.
15. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated in the future without notification or cause. You agree that after consenting, you will be bound by such revisions, modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
16. Entire Agreement
These Terms of Use, as modified from time to time as described below, and including the policies incorporated 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.
17. Severability
The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
18. 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 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):
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 through http://www.drnorthrup.com/contact/index.php. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), 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:
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 it 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.
19. Intellectual Property Notice
All content on DrNorthrup.com, including, without limitation, all newsletters, e-newsletters and other materials distributed via DrNorthrup.com, are owned by Christiane Northrup, Christiane Northrup, Inc. 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.
20. 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 Service, and to abide by and comply with these Terms of Service.
21. 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 site. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Disputes, and Entire Agreement. These Terms of Service, 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.