NOURISHING DESTINY COMMUNITY TERMS AND CONDITIONS OF USE
We welcome you to the Nourishing Destiny Community (the “Website” or the “Community”). The Website is a place for you to learn and connect with others interested in Chinese medicine. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms. This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Member” (which means that you have registered on our Website as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NourishingDestiny.com reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
4. Member Account, Password and Security. If you register on our Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NourishingDestiny.com (email: [email protected]) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. NourishingDestiny.com will not be liable for any loss or damage arising from your failure to comply with this paragraph.
5. Prohibited Conduct. You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
* is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains nudity, violence, or offensive subject matter;
* solicits personal information from anyone under the age of eighteen (18);
* provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
* promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
* involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
* contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
* furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
* involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
* includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
6. Responsibility for Content. You, and not Nourishing Destiny, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Nourishing Destiny does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Nourishing Destiny be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service.
7. Rejection/Removal of Content. You acknowledge that Nourishing Destiny may or may not pre-screen Content posted on our Website, but that Nourishing Destiny shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Nourishing Destiny shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Nourishing Destiny, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Nourishing Destiny (email: [email protected]).
7.5 Policy regarding the citation of content posted to this site.
These rights are detailed further in #13 below. Any content posted in the discussion section of this site (except that in the “Case Studies” section which may only ever be quoted with direct permission of the author), up to one pargraph or 8 sentences, may be quoted as long as full attribution to the author is given. Content longer than one paragraph or eight sentences may only be quoted with direct permission from the author.
Contributers must assume that anything they publish on the site is potentially viewable by the public at large and should never post to the site any content that they aren’t willing to stand by or would not want others to see.
8. Preservation/Disclosure. You acknowledge, consent and agree that Nourishing Destiny may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Nourishing Destiny, its Members and the public. Under no other circumstances will Nourishing Destiny intentionally disclose your account information to any third party.
9. Security Components. You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Nourishing Destiny and/or content providers who provide content to Nourishing Destiny. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
10. Non-commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved by Nourishing Destiny. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
11. Ownership of Content. Nourishing Destiny does not claim ownership rights in any Content you post on the Website. Subject to the non-exclusive license contained in the following paragraph, as between Nourishing Destiny and you, you will retain all intellectual property rights that you may have in any Content that you post on the Website.
12. License to Your Content. In order to be able to offer you the use of our Website and the Service, you are required to grant a license to Nourishing Destiny to use and distribute your Content. This enables us to permit other visitors to the site to view and share your Content, and to display your Content in other places within the Website. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website or the Service, you hereby grant to Nourishing Destiny a non-exclusive (meaning you can license the Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your Content to create commercial products such as books. For purposes of this Section, “commercial products” does not include use on our Website in any manner or any promotional materials we may create, whether online or otherwise. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at [email protected] to request the removal of certain Content you have posted, but Nourishing Destiny has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on Nourishing Destiny’s servers after the Content appears to have been removed from our Website, and Nourishing Destiny retains all rights granted in this paragraph to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
13. Nourishing Destiny and Third Party Content. Our Website contains Content of Nourishing Destiny (“Nourishing Destiny Content”), and Content of third party licensors to Nourishing Destiny (including content provided by you and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Nourishing Destiny owns and retains all rights, title and interest in the Nourishing Destiny Content. Nourishing Destiny hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Nourishing Destiny Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
14. Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Nourishing Destiny does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of our Website does not imply Nourishing Destiny’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
15. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. Privacy Policy. Nourishing Destiny respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
17. Copyright Policy. Nourishing Destiny has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Nourishing Destiny reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Nourishing Destiny or of a third party, or otherwise violated any intellectual property laws or regulations. Nourishing Destiny’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Nourishing Destiny to delete, edit, or disable the material in question, you must provide Nourishing Destiny with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nourishing Destiny to locate the material; (d) information reasonably sufficient to permit Nourishing Destiny to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Nourishing Destiny either by e-mail at: [email protected], or by U.S. mail to our designated agent for notification of infringement, John Jackson, at the address below.
18. Member Disputes. You are solely responsible for your interactions with other Members. Nourishing Destiny reserves the right, but has no obligation, to monitor disputes between you and other Members.
19. Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. Nourishing Destiny reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Nourishing Destiny believes that you have breached any of the terms of this Agreement, furnished Nourishing Destiny with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 5, 6, 7, 8, 12, 14, and 18-29 shall survive termination of your use of the Service.
20. Disclaimer of Warranties. You expressly understand and agree that:
* Your use of the Website and the Service is at your sole risk. The Website and the Service are provided on an “as is” and “as available” basis. Nourishing Destiny and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party website with which they are linked.
* Nourishing Destiny and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Website or the Service will meet your requirements; (ii) the Website or Service will be uninterrupted, timely, secure, error-free, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (iii) the results that may be obtained from the use of the Website or Service will be accurate or reliable; and (iv) the quality of any Content, products, services, information or other material purchased or obtained by you through the Website or Service will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
* Any material downloaded or otherwise obtained through the use of our Website or the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
21. Limitation on Liability. To the fullest extent permitted by applicable laws In no event WILL Nourishing Destiny, ITS AFFILIATES, SUBSIDIARIES, employees, agents, suppliers, OR contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the SERVICE, THE Website or any website with which THEY ARE linked, even if Nourishing Destiny has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Nourishing Destiny’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Nourishing Destiny for the Services.
22. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
23. Indemnity. You agree to indemnify, defend, and hold harmless Nourishing Destiny, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Nourishing Destiny will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
24. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our various Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
25. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
26. Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Nourishing Destiny and governs your use of the Website and Service, superseding any prior agreements between you and Nourishing Destiny with respect to the Website and Service.
27. Choice of Law and Forum. This Agreement and the relationship between you and Nourishing Destiny shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Nourishing Destiny agree to submit to the personal and exclusive jurisdiction of the courts located within Berkshire County, Massachusetts.
28. Waiver and Severability of Terms. The failure of Nourishing Destiny to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
29. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. Clinical Information and Personal Responsibility.
*Chinese medicine only has therapeutic integrity when a competent practitioner makes a differential diagnosis that is unique to any specific patient. It is impossible for any practitioner to diagnosis a patient he or she has never met by reading a list of signs and symptoms on the internet. Therefore any clinical information provided on this site is for consideration and as a possible basis for further research by licensed practitioners. It is the sole responsibility of the individual practitioner to decide what may, or may not be, suitable for his or her patient. Any practitioner who utilizes any suggestion discussed on this site concerning diagnosis, prognosis, or treatment assumes sole responsibility for doing so.*
Those who are not licensed practitioners of Chinese medicine should not for any reason utilize the information on this site to treat themselves, or others, with any modality discussed on this site. Further, Nourishingdestiny.com, or Lonny S. Jarrett shall not be held responsible for any result obtained by utilizing on one’s self, or one one’s patient, any clinical information posted on this site.
31. Questions. If you have any questions regarding this Agreement, please contact us by email at [email protected].
These terms of service were last updated on August 20, 2008.
NOURISHING DESTINY COMMUNITY PRIVACY POLICY
This Nourishing Destiny Community Privacy Policy (“Privacy Policy”) governs your use of the Nourishing Destiny Community website. (“Nourishing Destiny”). We know how visitors like you value your privacy, and we have created this Privacy Policy to ensure that you understand our policies and procedures, what personal information you must provide if you wish to use certain portions of our Websites and, ultimately, just how we use such personal information. This Privacy Policy is a part of and is incorporated into our Nourishing Destiny Community Terms and Conditions of Use. By accessing or using our Website, you accept, without limitation or qualification, the terms of this Privacy Policy.
1. Information Collected By Our Website
We collect two types of information from users of our Website: personal information described below; and non-personal information such as information about traffic patterns on our Websites.
2. Personal Information
To access certain portions of our Website, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.
When you make a purchase on our Website, or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Website.
3. How We Use Your Personal Information
We use the information collected on our Website for a variety of purposes, including, but not limited to, running the Website and contacting users. Our Website may also make available to other registered users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize our Website for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on our Website, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by clicking on the “unsubscribe” link in every Nourishing Destiny e-mail.
Information obtained through our Website may be intermingled with and used in conjunction with information obtained through sources other than our Website, including both offline and online sources.
4. Discussions and Community Tools
Our Website may make chat rooms, forums, bulletin boards, news groups and other community tools available to registered users and/or visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for Nourishing Destiny to use. Please do not disclose any personally identifiable information in these publicly accessible areas of our Websites. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
* Healthcare practitioners are expected to maintain strict confidentially according to state and federal legislation and guidelines when discussing clinical cases.
5. Non-Personal Data
In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Website, enhance our Website and sell and deliver advertising.
6. Cookies
Certain features on our Website utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on our Website, to determine user traffic patterns and for other purposes.
Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of our Website.
7. Opt Out Procedures
You have the option to opt out of receiving information from Nourishing Destiny and our Website. This opt out messaging will appear at the bottom of every email that is sent out. If you no longer wish to take advantage of our Website or receive any form of direct contact from Nourishing Destiny or our Website, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: [email protected].
8. Reviewing or Changing Your Information
In order to ensure that the information we maintain is accurate, Nourishing Destiny gives users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and edit your profile or email us at [email protected].
9. Sharing of Your Information
Nourishing Destiny may share your personal information: (i) with third parties who are under obligations of confidentiality with Nourishing Destiny or with Nourishing Destiny’s affiliates or subsidiaries, (ii) if Nourishing Destiny is required by law to do so, (iii) in the event of a transfer of ownership of Nourishing Destiny, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties:
We may employ other third parties to perform services or functions on our behalf in order to improve our Website, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us (collectively, “agents”). They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving Nourishing Destiny’s services and offerings.
We may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may serve other cookies. Our advertising partners may use the non-personal information they collect from our Websites, in the aggregate, to help us better market and serve our customers.
This Privacy Policy applies only to Nourishing Destiny’s Website and does not address the practices of third parties who may collect your personal information. You may visit other websites, through links on our Websites, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others.
In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our affiliates or subsidiaries, or third party agents acting on their behalf.
Nourishing Destiny may be obligated to cooperate with various law enforcement inquiries. Nourishing Destiny reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Websites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Nourishing Destiny Community Terms and Conditions of Use or other rules or policies of our Websites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which Nourishing Destiny in its sole discretion deems improper.
10. Security
Providing a secure site is essential for your peace of mind and trust in Nourishing Destiny. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at [email protected].
11. Protection for Children
Our Websites are not intended for users under the age of 18. Furthermore, we have no intention of collecting personally identifiable information from children (i.e., individuals under the age of 13). Where appropriate, we take reasonable measures to inform children not to submit such information to our Websites or in response to advertisements.
12. Privacy Precaution Warning
Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
13. Your Consent
You may have certain rights under various state and federal statutes that may apply to the personal and non-personal information collected by Nourishing Destiny online. By accepting the terms of this Privacy Policy and using our Websites, you are waiving all of such rights as to collection, use, disclosure and storage of your personally identifiable and non-personal information as described herein. You recognize that we are able to offer our Websites and services to you at our rates based upon these terms, which are an integral part of our contract for the provision of services.
By using our Website and providing your personal information to us, you also authorize the export of your personal information to the USA, as well as its storage and use as specified herein. This Privacy Policy and our legal obligations are subject to the laws of Massachusetts and the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the State of Massachusetts.
We may amend our Privacy Policy at any time, without notice to you, by posting such revised Privacy Policy on this page, so you are always aware of what information we collect, how we use it and under what circumstances we may disclose it. Any changes will only apply to information collected after the change is posted.
This Privacy Policy was last updated on October 10, 2008.