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Terms of Use

The Physician Philosopher Terms of Service

 

The following are terms of a legal agreement (this “Agreement”) between you and Physician Philosopher, LLC (“us” or “we” or the “Company”). These terms and conditions apply to a user (“you” or “your”) who accesses, browses, or otherwise uses this website (“Site”) or the educational products sold by this Site (the “Products”). By accessing, browsing, or otherwise using this Site, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, or use this Site. The material provided on this Site is protected by law, including United States copyright law and international treaties. All Site materials (including any content, software, user interface designs, data, text, photos, pictures, graphics, images, audio and video clips, logos, and icons) (the “Materials”) are copyrighted Materials, ALL RIGHTS RESERVED.

 

You must be at least 18 years of age to use the Products, Materials, or this Site. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Please read this Agreement carefully, as it governs your use of the Products, Materials, and this Site.

 

If you have any questions regarding this Agreement, or any agreement or document incorporated herein, please contact the Company at [email protected]

 

Risks

 

The Materials and Products are for educational purposes only and are not intended to be directions or instructions for accomplishing a particular objective. The methods, ideas, theories, and suggestions presented in the Materials and Products have not been scientifically tested and we cannot guarantee their efficacy or accuracy. You should use careful judgement when evaluating the Materials and Products and form your own independent opinion.  Financial planning and investing involves important risks and uncertainties. Planning or investing in accordance with the methods, ideas, theories, or suggestions presented in the Products or Materials may subject you to certain of those risks. You should carefully consider any risk before making any financial planning or investment decisions.

 

Access Subject to Terms and Conditions

 

This Agreement applies to your access to, and browsing or other use of, this Site and the Products and does not alter in any way the terms and conditions of any other agreement you may have with the Company for products or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use this Site and the Products automatically terminates and you must immediately destroy any downloaded or printed Materials and discontinue use of any hyperlinks to this Site.

 

General Disclaimer; Not an Offer or Solicitation

 

The Company is not a registered broker-dealer or investment advisor. The Company does not offer or participate in offers of securities for sale or provide investment advice to others. Nothing on this Site or in products offered by the Company is intended to constitute (i) an offer to sell or buy, or a solicitation to offer to sell or buy, securities from the Company; (ii) investment advice or an offer to provide such advice; or (iii) a basis for making any investment decision. All of the content on the Site is for general information and educational purposes only and is not intended to be taken as advice regarding any individual circumstance. The Site is not selling investments, insurance, real estate, securities, or anything other than education and is not providing tax advice, legal advice, or investment advisory products. The Company does not recommend the purchase or sale of investments, insurance, real estate, securities, or other products, and any examples or game plans provided are for illustrative purposes only to demonstrate the application of general investing principles. As you apply the educational principles you learn on the Site, you should understand that there is risk in any investment, and the Company cannot guarantee any particular results or success. Users should consult their own investment advisors for investment advice.

 

Fees; Payment

 

By selecting a product or service, you agree to pay the Company the one-time and/or monthly fees indicated (additional payment terms may be included in other communications).

 

Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

 

This Agreement does not transfer from the Company to you any Company or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Company. The Physician Philosopher, ThePhysicianPhilosopher.com, the ThePhysicianPhilosopher.com logo, and all other trademarks, service marks, graphics and logos used in connection with ThePhysicianPhilosopher.com are trademarks or registered trademarks of the Company or the Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Company or third-party trademarks.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

 

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

 

Company Materials; No Unlawful or Prohibited Use

 

This Site, the Materials, the Marks, the Products, Internet operations, know-how, goodwill, and moral rights are and will remain the sole and exclusive property of the Company.

 

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

Email and Other Electronic Communications

 

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

 

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

 

Links to Third Party Websites and Services

 

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

 

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

 

Use of Paid Courses, Programs, and Associated Material

 

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

 

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

 

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

 

Use of Free Downloadable Content

 

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

 

By downloading the Freemium Content, you agree that the Fremium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

 

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

 

No Joint Venture or Other Relationship

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Guests

 

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.

 

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

 

Cancellation of Subscription

 

Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing [email protected]

 

Your subscription shall be terminated immediately upon cancellation, and you shall not receive any refund. You shall not be charged after a cancellation.

 

Money Back Guarantee

 

For the sale of certain products, the Company provides a money-back guarantee.  That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.

 

With respect to any purchase, you must request your money back within 7 days of the purchase and prior to any coaching sessions have occurred. You may request your money back by emailing [email protected] That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.

 

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

 

Any customer may redeem a money-back guarantee from the Company only once regardless of how many products and/or services the customer purchases. In other words, after a customer has received a refund for any one product under this money-back guarantee, that customer shall not be entitled to a refund as to any other product or service purchased from the Company.

 

Modification

 

The Company may revise this Agreement at any time without notice by updating this posting. By accessing, browsing, or otherwise using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions of use to which you are bound. Any new information, Products, or features on this Site will be subject to this Agreement. The current version of this Agreement is dated August 10, 2021. 

Additional Use Restrictions

 

You may only use this Site, the Products, the Marks, and the Materials in a manner that, in the Company’s sole judgment, is consistent with the intended purposes thereof. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at [email protected]

 

Privacy

 

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.


Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Disclosure

 

Your use of the Website is also subject to the Company’s Disclosure. Please review our Disclosure, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclosure is hereby incorporated into these Terms of Use.

 

Downloadable Materials

 

Any Products or Materials that are made available to download from this Site are the copyrighted work of the Company or its suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Products or Materials to any other server or location for further reproduction or redistribution is expressly prohibited.

 

Modification or Cancellation of Products

 

The Company may, in its sole discretion and at any time, modify, cancel, or suspend the Products, or any part thereof, without cause and without notice. You agree that the Company will not be liable to you or to any third party for any immaterial modification of the Products or any modification of the Products that, in the Company’s sole discretion, constitutes an improvement. Upon cancellation of the Products, your right to use the Products stops immediately.

 

Security

 

You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and the Company cannot guarantee that any personal information you submit to it will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to the Company is done so at your own risk.

 

Disclaimer of Warranties

 

You agree that your use of the Products, Materials, and this Site is at your sole risk. The products and this site, including all software, functions, materials, and information, are provided on an “as-is” and “as-available” basis, and the company (including its subsidiaries, affiliates, managers, employees, agents, partners, licensors, independent consultants, subcontractors, distributors, or any client (collectively, “company third parties”)) assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any of your communications, data, content, or personalization settings. To the extent permissible by applicable law, the company and company third parties hereby disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, noninfringement, quiet enjoyment, title, and informational content. Neither the company nor any company third party make any warranty that this site, the Materials, or the Products will be uninterrupted, timely, secure, or error- or virus-free or that any defects in the site, the Materials, or the Products will be corrected; nor does the company or any company third party make any warranty as to the results that may be obtained from, or the accuracy or reliability of any information obtained through, the use of the products or this site. You understand and agree that any Material or data downloaded or otherwise obtained through the use of the site and the Products is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such Material or data. No advice or information, whether oral or written, obtained by you through the products will create any warranty not expressly made herein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers contained herein may not apply to you and you may have additional rights.

 

Limitation of Liability

 

In no event will the company or any company third party be liable for any damages, including direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost or damaged data, or business interruption arising out of or relating to the use, or inability to use, the Products, this site, any websites linked to this site, the Materials, or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including negligence), or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials, the products, or site results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the total and aggregate liability of any party under this agreement for any cause of action or reason whatsoever exceed $100 or the total fees you paid to the company during the three-month period preceding the event giving rise to the liability, whichever is greater. Your sole and exclusive remedy under this agreement is to discontinue the use of the products. The liability of any party under this agreement will be cumulative and not per incident.

 

Indemnification & Release

 

You agree to notify the Company of, and indemnify, defend, and hold the Company and its managers, employees, consultants, agents, and other representatives, harmless from and against, any and all claims, damages, losses, costs including reasonable attorneys’ fees, and other expenses that arise directly or indirectly out of or from your breach of this Agreement or your activities in connection with this Site, the Materials, or the Products.

 

Force Majeure

 

The Company will not be liable to you or any third party for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third-party products, failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.

 

Governing Law; Mandatory Arbitration

 

This Agreement will be governed by and construed under and in accordance with the laws of the state of North Carolina without giving effect to any choice or conflict of law provision or rule (whether the state of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of North Carolina. Any controversy, claim, or dispute arising out of, or in any way relating to, the use of the Site or the Products will be submitted to binding arbitration, excepting only claims that may not, by statute, be arbitrated, exclusively to binding arbitration. You acknowledge and agree that you are relinquishing your rights to a jury trial in civil court. Any such matter will be determined by binding arbitration administered by the American Arbitration Association in Winston-Salem, North Carolina, unless otherwise agreed by the parties. In any arbitration, the burden of proof will be allocated as provided by applicable law. The fees, costs, and expenses of the arbitration will be paid one-half by the party demanding arbitration and one-half by the other party to the arbitration, subject to an award of reimbursement of fees, costs, and expenses by the arbitrator to the prevailing party. The arbitrator must provide a written decision that is subject to limited judicial review consistent with applicable law. 

 

General

 

If any provision of this Agreement is held by the final decision of an arbitrator or a court of competent jurisdiction to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned, in whole or in part, by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company. There are no third-party beneficiaries to this Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.

 

International Users

 

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.