PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
TERMS AND CONDITIONS
The Website Standard Terms And Conditions contained herein on this webpage, shall govern your use of this Website, including all pages within this Website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
The entire content included in this Website including but not limited to text, graphics or code is copyrighted as a collective work under the US and other copyright laws, and is the property of Kelly Simms ND LLC. The collective work includes works that are licensed to Kelly Simms ND LLC., ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Kelly Simms ND LLC., or purchasing products from Kelly Simms ND.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Kelly Simms ND LLC. or to purchase Kelly Simms ND LLC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Kelly Simms ND LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
THIS WEBSITE IS ONLY INTENDED FOR USERS 18 YEARS OF AGE OR OLDER
This Website is intended solely for adults 18 years of age or older. It is not intended or designed to attract visitors who are under the age of eighteen. If we determine that a visitor is under the age of eighteen, we do not collect personally identifiable information about them. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.
All trademarks, service marks and trade names of Kelly Simms ND LLC used on the Website are trademarks or registered trademarks of Kelly Simms ND LLC.
INTELLECTUAL PROPERTY INFRINGEMENT
Kelly Simms ND LLC respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide us with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to a valid DMCA takedown notice, Kelly Simms ND LLC will notify you if we have removed copyright protected material.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
This Website and the materials and products on this Website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kelly Simms ND LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kelly Simms ND LLC does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Kelly Simms ND LLC does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Kelly Simms ND LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Kelly Simms ND LLC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our Website to your life, family or business.
DO NOT SHARE PROTECTED HEALTH INFORMATION VIA THIS WEBSITE
Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. Kelly Simms ND LLC accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms & Conditions and share PHI through this Website anyway, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.
Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify Kelly Simms ND LLC against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.
You are strongly urged to not share PHI through our Website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.
CODE OF CONDUCT
You may not use Kelly Simms ND LLC for any illegal or unauthorized purpose. In addition to the laws of Chicago, Illinois, you also agree to comply with all local laws that apply to your use of the Website. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. You agree that when using the Website, you will not post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or upload dangerous or harmful files. Kelly Simms ND LLC reserves the right to remove individuals from our community in instances of misconduct.
Kelly Simms ND LLC is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. Kelly Simms ND LLC cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
PURCHASES AND SUBSCRIPTIONS
More details about the subscription, how it is billed, what it entails, and other pertinent information are available in the subscription agreement, which you will have the opportunity to read and agree to before purchasing the subscription.
INDEMNIFICATION AND RELEASE OF CLAIMS
You hereby fully and completely hold harmless, indemnify and release Kelly Simms ND LLC and any of its agents, consultants, affiliates, team members, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the business from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website.
ERRORS AND OMISSIONS
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that Kelly Simms ND LLC is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website, or of those of any other individual or company affiliated with our business or Kelly Simms ND in any way. Because scientific, technology and business practices are constantly evolving, you agree that Kelly Simms ND LLC. is not responsible for the accuracy of our Website, or for any errors or omissions that may occur.
References or links in our Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. Kelly Simms ND LLC is merely sharing information for your own self-help. Kelly Simms ND LLC is not responsible for the Website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Website. Conversely, should our Website link appear in any other individuals, businesses or entities Website, program, product or services, it does not constitute our formal endorsement of them, their business or their Website either.
From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. There may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Kelly Simms ND LLC is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that Kelly Simms ND LLC is not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Website.
Kelly Simms ND LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Kelly Simms ND LLC offers support to our clients and a complaints handling procedure which we will use to try to resolve disputes when they first arise, with a solution that is mutually agreeable to both the client and Kelly Simms ND LLC. Please let us know if you have any complaints or comments at email@example.com.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
CONFLICTS GOVERNED BY ILLINOIS LAW
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Kelly Simms ND LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
By using our Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact firstname.lastname@example.org.