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ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE.
The Kharrazian Institute (the “Company”), maintains KharrazianInstitute.com (the “Site”) as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively the “Services”) in accordance with an applicable service agreement (“Service Agreement(s)”), you are agreeing to comply with and be bound by the terms and conditions of these Terms of Use and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the “Terms”). The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. In the case of any violation of the Terms, Functional Neurochemistry Program reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future.
ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF THE SERVICES OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.
MODIFICATIONS TO THE SITE.
Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination.
LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The Site contains links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
INTELLECTUAL PROPERTY RIGHTS.
The Site is proprietary to Company. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
WARRANTY.
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. NEITHER COMPANY, NOR DR. KHARRAZIAN, REPRESENTS OR WARRANTS THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE SITE TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY’S EFFORTS ARE NOT SUCCESSFUL, YOU MAY CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY’S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES OF THE SITE. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY.
THE KHARRAZIAN INSTITUTE AND DR. DATIS KHARRAZIAN EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. YOU EXPRESSLY AGREE THAT ELEPHANT PRESS AND/OR DRKNEWS.COM SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE DATA FROM THE SITE.
AS A CONDITION OF USE OF THE SITE, YOU AGREE THAT NEITHER COMPANY, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE.
INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for said fines and/or penalties.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the Site including primary domains and all sub-domains is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
PRODUCTS OR SERVICES OFFERED BY COMPANY.
When obtain a Service or a Product from the Company, you accept the specific terms and conditions applicable to that Service or Product in accordance with the applicable Service/Purchase Agreement. Except as provided in such Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.
GOVERNING LAW & JURISDICTION.
The Site is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of California and from each other. As you and Company both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using this Site, you and Company agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of the State of California, without regard to its conflicts of laws principles.
TRADEMARKS.
Kharrazian Institute is a trademark of the Company. All other company and product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time in the Company’s discretion. You shall not register or attempt to register any of the Company’s marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company’s marks or trademarks. You shall comply with all standards with respect to the Company’s marks and all uses of the marks shall be consistent with Company standards.
FORCE MAJEURE.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.
GENERAL.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and the applicable Service Agreement, the latter shall govern.
OUR COMMITMENT TO YOUR PRIVACY
The Kharrazian Institute values your privacy. This notice details our privacy policy and practices so that you can have this information at your fingertips. We want you to know how we collect, use and protect information about our visitors. This privacy policy will tell you:
• What information we collect
• What we can do with the collected information
• How you can limit contact from us and our partners
Welcome to the Kharrazian Institute web site (“Site”) which is maintained by the Kharrazian Institute, (“we” or “us”). The Kharrazian Institute respects the privacy of those who access and/or use the Site (“you”, “your”, “user” or collectively “users”) and is committed to protecting the personally identifiable information we collect.
CHANGES TO THIS POLICY
If the online Privacy Policy changes, we will post all changes in an amended version with a new “Last Updated” date at the top of this Privacy Policy.
HOW WE COLLECT INFORMATION
We receive and store any information you enter on the Site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses the Site.
INFORMATION THAT WE COLLECT
We collect two types of information from you. The first type is personal information that you actively choose to disclose (“Active Information”) and the second type is anonymous aggregate information collected in a manner not visible to you or others visiting the Site (“Passive Information”).
Active Information. Examples of personally identifiable data that you provide to us may include your name, address, email address and telephone number.
Passive Information. We may record information relating to your use of the Site, such as the information you click on, your browser type, IP address, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We may also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
HOW COLLECTED INFORMATION IS USED
We will not sell your information to third parties without your consent. We will use your information to inform you of new products or services unless you opt-out – see below.
OPTING-OUT
You may opt-out of having some of your personally identifiable information used for certain purposes when providing us with this information. You may also decline to provide certain personal information to us and/or refuse cookies in your browser, although some of our features or services may not function properly or at all as a result. If you no longer wish to receive newsletter and promotional communications, you may opt-out by following the instructions included in each newsletter or communication or by contacting us as provided in this Privacy Policy. You may continue to receive email communications from us for up to ten (10) business days from the time we receive your unsubscribe request.
ACCESS/ACCURACY
To the extent that you do provide us with certain personally identifiable information, we strive to maintain the accuracy of this information. Our goal is to provide a means to contact us should you need to update or correct your information. If for any reason those means are unavailable or inaccessible through the Site, you may send updates and corrections about your personally identifiable information to us and we will make reasonable efforts to make changes to the information we hold as soon as possible.
SECURITY OF INFORMATION
Use of the Site is at your own risk. Nonetheless, we do make reasonable efforts to secure your information. Such efforts may include but are not limited to monitoring of our network and data for intrusions. We also use industry-accepted standards to protect your information, including SSL encryption if and when transmitting any sensitive information. We have implemented certain physical, encrypted, electronic, and managerial procedures to safeguard and secure the information we collect. Communications you may have with us via email or mail may not be secure unless we advise you that security measures are in place prior to your sending information.
LINKS TO THIRD PARTY SITES
The Site may contain links to third party Web sites including sites with which we have no affiliation. We are not responsible for their privacy practices. It is recommended you read the privacy policies on all such third-party Web sites.
CHILDREN
If you are under 18, you may not access or use the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18. In compliance with COPPA, we do not knowingly collect personally identifiable information from users under 13.
CONTACT INFORMATION
For more information, or if you have questions or concerns regarding our Privacy Policy, or you wish to opt-out as provided above in this policy, you may email us at info@kharrazianinstitute.com or you can send correspondence to the following address:
Kharrazian Institute
7040 Avenida Encinas, Suite 104
Carlsbad CA 92011