End User License Agreement (EULA)
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email.
We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your payment, information about your progress or other services that may be necessary to provide you with Online Course services.
USE OF THIRD-PARTY SERVICES
NatalieKDouglas.com and ThyroidRescue.com.au uses third-party analytics services to help understand your usage of the services. In particular, NatalieKDouglas.com and ThyroidRescue.com.au provides a limited amount of your information (such as your email address and sign-up date) to (each a “Third Party Analytics”) and utilize Third Party Analytics to collect data for analytics purposes when you visit our website or use our product. Third Party Analytics analyzes your use of our website and/or product and tracks our relationship so that NatalieKDouglas.com and ThyroidRescue.com.au can improve our service to you. We may also use Third Party Analytics as a medium for communications, either through email, or through messages within our product(s).
USER ACCOUNTS AND USER REGISTRATION
While any Visitor can view the Site/s, in order to use the Site/s and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”).
You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, 3 we reserve the right to terminate your use of the Services and your enrolment in the Online Courses, to the extent applicable.
By registering, you agree that:
- you are registered for the course only once and will not share your login information with any other person regardless of affiliation
- If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund
- NatalieKDouglas.com and ThyroidRescue.com.au and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses.
USER CONDUCT POLICY
As a condition of accessing the Site/s and/or using the Online Courses, you agree NOT to:
(b) use NatalieKDouglas.com’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails;
(c) use any high volume, automated, or electronic means to access the Site/s (including without limitation robots, spiders or scripts);
(d) frame the Site/s, place pop-up windows over its pages, or otherwise affect the display of its pages;
(e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
(f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or
(g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Courses.
In addition, you may not post, upload, or transmit to or otherwise make available through the Site/s any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libellous or that defames, abuses, harasses, discriminates against or threatens others;
- that is trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- that interferes with a User’s business or services;
- that takes any action that may undermine online reviews or feedback;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Site/s (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Site/s; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by NatalieKDouglas.com and ThyroidRescue.com.au and its licensors. NatalieKDouglas.com and ThyroidRescue.com.au reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you.
All content or other material available on the Site/s or through the Online Courses, including but not limited to online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of NatalieKDouglas.com and ThyroidRescue.com.au and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Australian and foreign law. NatalieKDouglas.com and ThyroidRescue.com.au logos, trademarks and service marks which may appear on the Site/s (“Marks”), are the property of NatalieKDouglas.com and ThyroidRescue.com.au and are protected under Australian and foreign laws.
All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site/s are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of NatalieKDouglas.com or ThyroidRescue.com.au.
NatalieKDouglas.com and ThyroidRescue.com.au and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SITE/S AND ONLINE COURSES
(a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and
(b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site/s or the Content. You may not delete any attributions, legal or proprietary notices on the Site/s or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.
The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site/s or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). NatalieKDouglas.com and ThyroidRescue.com.au does not claim ownership of any User Content you may submit or make available for inclusion on the Site/s or Online Courses. Accordingly, subject to the license granted to NatalieKDouglas.com and ThyroidRescue.com.au below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
You hereby assign to NatalieKDouglas.com and ThyroidRescue.com.au , your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to NatalieKDouglas.com’s and ThyroidRescue.com.au’s Content or Services which you may propose or make or which User and NatalieKDouglas.com or ThyroidRescue.com.au may jointly make.
To the extent such rights cannot be assigned, you hereby waive such rights to NatalieKDouglas.com and ThyroidRescue.com.au, its affiliates, and their customers and business partners.
With respect to any User Content you submit to NatalieKDouglas.com and ThyroidRescue.com.au (including for inclusion on the Site/s or Online Courses) or that is otherwise made available to NatalieKDouglas.com and ThyroidRescue.com.au, you hereby grant NatalieKDouglas.com and ThyroidRescue.com.au an irrevocable, worldwide, perpetual, royalty-free and nonexclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site/s or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to NatalieKDouglas.com and ThyroidRescue.com.au above shall be exclusive. NatalieKDouglas.com and ThyroidRescue.com.au reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that:
(a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit NatalieKDouglas.com and ThyroidRescue.com.au to use such User Content as provided above,
(b) such User Content is accurate and reasonably complete,
(c) as between you and NatalieKDouglas.com and ThyroidRescue.com.au, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and
(d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
USE OF COMMUNICATION TOOLS AND RELATED SERVICES
By using any of the communications tools available on the Online Courses, you acknowledge and agree that:
(a) all communications tools constitute public, and not private, means of communication between you and the other party or parties,
(b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by NatalieKDouglas.com and ThyroidRescue.com.au in any manner (unless expressly stated otherwise by NatalieKDouglas.com and ThyroidRescue.com.au) and
To purchase any services or products offered by NatalieKDouglas.com and ThyroidRescue.com.au through the Site/s, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to NatalieKDouglas.com’s and ThyroidRescue.com.au’s third-party payment provider/s, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the NatalieKDouglas.com and ThyroidRescue.com.au Site/s as they become due, whether on a one-time or subscription basis.
OUR REFUND POLICY
Our refund policy applies exclusively to the “Thyroid Rescue” Online Course offered by NatalieKDouglas.com and ThyroidRescue.com.au.
Customers are entitled to a full refund, based on meeting ALL of the following conditions:
- The request must be sent in writing to [email protected] FROM the email address that you signed up for the program with
- You must have demonstrated a commitment to completing the entire “Thyroid Rescue” course. This includes completing each module, quiz and assessment, and able to demonstrate attendance to at least one weekly Live Q&A video call
- You have not achieved a “dramatic health transformation”, as stated in our marketing materials. We define a “dramatic health transformation” as a process by which any of the following changes have occurred during the full “Thyroid Rescue” program cycle, or however long it takes you to complete 100% of the program (whichever is longer):
- Your symptom/s, condition/s or perceptible illness/es are reasonably reduced or eliminated, as defined by modern, Australian, medical conventions and reference ranges
- Your blood test result/s (including, but not limited to, TSH, Thyroperoxidase antibodies (TPO), Thyroglobulin antibodies (TGAB), free T3, or free T4) are reasonably improved, as defined by modern, Australian, medical conventions and reference ranges
- Where you are not able to provide valid medical proof (in the form of a letter from a GP or comparative blood test results) indicating that neither of the above changes has occurred, you agree to give us the benefit of the doubt and we will assume that you have achieved a “dramatic health transformation”
Successful refund requests will be processed within 7 business days of us having received your written request.
“Change of mind” or “change of heart” refund requests that are made before the “Thyroid Rescue” course has been completed will not be granted. By signing up for this program you are making a commitment to changing your health and we are acting in your best interest by requiring you to honor that commitment.
When you sign up to our “Thyroid Rescue” Online Course you will either pay upfront in full or split the total amount payable over a payment term. All payments divided over terms incur finance charges, which we have automatically included within the stated price. When you sign up to our Services you acknowledge and agree to pay the entire balance of the purchase including all monthly payments due and any included finance charges.
Failure to pay the remaining balance on any purchase invoice will involve our internal billing team making contact with you to collect payment for 30 days and then failing that we will hand the account over to an external collections agency for formal collections, which may incur additional collections fees and affect your credit rating.
Failure to pay any due balance on your account will result in immediate suspension of your account and you will not be able to access the training programs or any associated Service/s. We will make contact with you within 30 calendar days to collect payment and re-activate your account but if we are not successful we will terminate your account permanently and you will not be able to access the materials again unless you pay the balance in full at the agreed purchase price.
You acknowledge and agree that NatalieKDouglas.com’s and ThyroidRescue.com.au’s services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site/s maintenance). You also understand that NatalieKDouglas.com and ThyroidRescue.com.au, at its sole discretion, may limit, suspend, or terminate your use of all NatalieKDouglas.com- and ThyroidRescue.com.au-provided services related to NatalieKDouglas.com’s and ThyroidRescue.com.au’s services and may modify or discontinue all services related to its programs at its sole discretion.
You expressly acknowledge and agree that your use of the Site/s, the Online Courses and all Content and services available on the Site/s is at your sole risk and responsibility.
THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER
ALL LIABILITY OF NatalieKDouglas.com AND ThyroidRescue.com.au , ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO NatalieKDouglas.com AND ThyroidRescue.com.au FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN EUROS (€10). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IN NO EVENT SHALL NatalieKDouglas.com AND ThyroidRescue.com.au, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
NO CLASS ACTIONS
You agree that you will only be permitted to bring claims against NatalieKDouglas.com and ThyroidRescue.com.au on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
LINKING TO OTHER SITE/S
The Site/s may contain links to pages on other websites (“Linked Site/s”), and those Linked Site/s may contain content or offer products and/or services for sale.
NatalieKDouglas.com and ThyroidRescue.com.au does not author, edit, control, or monitor these Linked Site/s. You acknowledge and agree that:
(a) we have no responsibility for the accuracy or availability of information provided by Linked Site/ss,
(b) we do not control or endorse the sponsors of such Linked Site/s or the content, products, advertising, or other materials presented on such Linked Site/s, and
(c) we will not be liable for any transactions conducted by you with third parties through the Linked Site/s or for any liability arising from the representations or information provided on such Linked Site/s. We may remove any Linked Site/s from the Site/s at any time for any reason or for no reason.
You agree to indemnify, defend and hold harmless NatalieKDouglas.com and ThyroidRescue.com.au, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of:
(c) your use or your violation of any law or rights of any third party, or
(d) your information you post or otherwise make available on the Site/s or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.
TERMINATION OF RIGHTS
You agree that NatalieKDouglas.com and ThyroidRescue.com.au, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site/s or Online Courses for any reason or no reason, including, without limitation, if NatalieKDouglas.com and ThyroidRescue.com.au believes that you have:
(b) infringed the intellectual property rights of a third party;
(c) posted, uploaded or transmitted Unauthorized Content to the Site/s; or
You agree that any deactivation or termination of your access to the Site/s or Online Courses may be effected without prior notice to you and that NatalieKDouglas.com and ThyroidRescue.com.au shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that NatalieKDouglas.com and ThyroidRescue.com.au may retain and store your information on NatalieKDouglas.com’s and ThyroidRescue.com.au’s systems notwithstanding any termination of your account or the Online Courses.
DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NatalieKDouglas.com’s and ThyroidRescue.com.au’s Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
NatalieKDouglas.com’s and ThyroidRescue.com.au’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Inner Momentum Pty. Ltd. T/A Natalie K. Douglas
Email: [email protected].
Inner Momentum Pty. Ltd. T/A Natalie K. Douglas
Email: [email protected]
The section titles herein are displayed for convenience only and have no legal effect.
Last Updated: 23rd May 2020