Version # 2.1 ; Effective as of September 23, 2006
"Terms of Use" Agreement for
www.classhomeopath.com
Timeliness of This "Terms of Use" Agreement
This "Terms of Use" agreement applies to all pages and content directly located on the "www.classhomeopath.com" websites. This
statement is effective as of the date indicated above. As this web site grows in content and complexity over time, this Terms of Use
agreement will likely be updated (with a newer "Version #" than indicated above). We will not provide any form of notification of such
changes (other than updating these latest provisions here), so it is imperative for interested persons to inspect this page for any
updates as often as they deem necessary.
Definitions
The "www.classhomeopath.com" domain name is owned & operated by Francine Nadav.
The terms "www.classhomeopath.com" , "we", "us", "me", "I", "our" and "ours" when used in these Terms of Use means Francine
Nadav or her assigned agents, which includes all subsidiaries, divisions, branches, affiliates or companies under either ownership or
control of Francine Nadav.
The terms "you", "your" and "yours" when used in these Terms of Use means any user of this Web Site.
Agreement
Access to and use of this Web Site and the information, materials, products and services available through this Web Site are subject to
all applicable laws and regulations and to these Terms of Use.
By accessing this Web Site, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit
this Web Site.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on
the Web Site at this location, and you should always review these Terms of Use prior to using the Web Site to ensure that you have a
current understanding of the latest Terms of Use under which you are permitted to access this Web Site. If you cannot access the
Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES
PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH
ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Product & Services Information
All references on this Web Site to information, materials, products and services apply to information, materials, products and services
available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
Ownership
Unless otherwise indicated, this Web Site and its design, text, content, selection and arrangement of elements, organisation, graphics,
design, compilation, magnetic translation, digital conversion and other matters related to this Web Site are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Francine
Nadav or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws.
ALL RIGHTS RESERVED.
The posting of any such elements on this Web Site does not constitute a waiver of any right in such elements. You do not acquire
ownership rights to any such elements viewed through this Web Site. Except as otherwise provided herein, none of the these elements
may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written
permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Web Site and/or information, materials, products
and/or services available on it to display, download, archive and print in hard copy, portions of this Web Site for personal use only,
provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately
destroy any downloaded, archived or printed materials.
Trademarks
The page-top banner, the page-bottom footer, all product names, all page headers, all custom graphics, all button icons, all
trademarks, service marks and logos appearing on this Web Site, unless otherwise noted, are service marks, trademarks and/or trade
dress of Francine Nadav (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress
mentioned, displayed, cited or otherwise indicated on the Web Site are the property of their respective owners. You agree not to display
or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names,
company names, logos, and/or service marks of other owners without the prior written permission of such owners. The use or misuse
of the Marks or other trademarks, product names, company names, logos, and/or service marks or any other materials contained
herein, except as permitted herein, is expressly prohibited.
Hyperlink Disclaimer
This Web Site may contain links and/or advertisements to other web sites maintained by us in addition to links to web sites maintained
by unrelated companies and persons. An advertisement of, or link to, a non-Francine Nadav web site does not mean that Francine
Nadav approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made
available through such web site.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through
these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or
indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.
Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and
regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or
otherwise about other web sites which you may access through this Web Site, the content thereof, or the products and/or services
made available through such web sites. If you decide to leave our Web Site and access these other web sites, you do so at your own
risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.
Links from other web sites
Any link to this Web Site is permitted without our written permission. Persons providing access to this Web Site via link from another
web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available
through, the source web site and for any representations made or impressions created concerning www.classhomeopath.com and/or
Francine Nadav.
Authorization by us to link to this Web Site is given without assumption of any liability by us relating to such links, and we hereby
disclaim any such liability. We reserve the right to withdraw any authorization to link to this Web Site at any time and for any reason.
Anyone providing access to, or information relating to this Web Site, whether by link or otherwise, is responsible for bringing these
Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
Data Protection Consent
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy (see separately).
Communications or materials you post or transmit to us over the Internet is, and will be treated as, non-confidential and
non-proprietary (except as relates to personal medical history and/or treatments). Upon the transmission of any information to us
(other than information of a strictly personal nature relating to medical history and/or treatments), you expressly grant permission to us
to use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail, the web, or any other form of
transmission for the purposes of quality control, security and other business needs.
Notwithstanding the foregoing, all personal data provided to us as a result of this Web Site will be handled in accordance with our
Privacy Policy.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE
PROVIDED FOR USE "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO
REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE
WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements,
opinions and other material on this Web Site or any web site with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for
fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for
any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive,
or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property,
claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or
losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total
responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of
information, materials, products and/or services is subject to change without notice.
Indemnity and Release
You agree to indemnify, release and hold us harmless as well as our owners, officers, directors, agents, representatives and
employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or
your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this
Web Site (or any portion thereof) and/or the information, materials, products and/or services available through this Web Site (or any part
thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing,
deletion, suspension or discontinuance of this Web Site.
Entire Understanding
These Terms of Use contain the entire understanding between you and us with respect to this Web Site and no representation,
statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for
any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining
portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our
failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such
provision.
Law & Jurisdiction
These Terms of Use are made under U.S. law and this Web Site is operated from Cedarhurst, New York. Access to, or use of, this
Web Site or information, materials, products and/or services on this Web Site may be prohibited by law in certain countries or
jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Web Site.
We make no representation that the information contained herein is appropriate or available for use in any location.
You agree that the courts of New York shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out
of or relating to use of this Web Site, and that the laws of the New York shall govern such dispute or claim. However, we retain the right
to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.