Terms of Use


This website (the “Site”) is owned and operated by Dr. Stuart Hoover. The following are the disclaimers, terms and conditions for use of the https://foundationalhealth.solutions (hereinafter referred to as “us”, “we”, “our” or “Site”). Your access to and use of any material on the Site constitutes acceptance of, and is conditional upon your acceptance of and compliance with the disclaimer, and the terms and conditions set forth herein (collectively referred to as “Terms of Use”).

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use. Do not use this Site unless you agree to the Terms of Use.

Changes to Site or Terms of Use

We reserve the right to discontinue or to make partial or complete modifications to this Site and to make changes to the Terms of Use at our own discretion and without prior announcement. Continued use of this Site following the posting of any changes will constitute acceptance of those changes. The next time you visit this Site, you must view the Terms of Use again and take note of any amendments that may have been made.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to Dr. Stuart Hoover from their creation.  Thus, Dr. Stuart Hoover shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Dr. Stuart Hoover determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Dr. Stuart Hoover all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that Dr. Stuart Hoover has the right but not the obligation to use and display any postings or contributions of any kind and that Dr. Stuart Hoover may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

General Prohibition

You agree that you will not use this Site or the material provided for any unlawful purpose or for any purpose that is prohibited by the Terms of Use.

The Site is provided for your personal use, and you may not resell any materials provided by us on this Site. You may not use the Site to engage in any unlawful activity or to infringe the rights of us, its affiliates or its customers.

You further agree that you will not:

(i) interfere with the operation of the Site in any way; (ii) interfere with anyone's use or enjoyment of the Site; (iii) harass anyone on or through the Site;
 (iv) impersonate any person or entity on or through the Site; (v) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given us written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); and (vi) copy, reproduce, modify, sell, lease, sublicense, market, or otherwise change or commercially exploit in any way the Site or any component thereof other than as may be expressly permitted by us.

Disclaimer

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Dr. Stuart Hoover. Neither Dr. Hoover nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Dr. Hoover neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Dr. Hoover representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY DR. STUART HOOVER AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Dr. Hoover, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Permitted Users

You represent and warrant that, if you are an individual, you are of legal age to form a binding contract.

Privacy

Protecting your privacy and the confidentiality of your information is important to us. We have created a formal Privacy Policy for the protection of personal information provided to us which can be found on the Site. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information in accordance with the terms of our Privacy Policy.

 Limitation of Liability

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THIS SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THIS SITE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS OR ANY OTHER NON-DIRECT DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND DR. STUART HOOVER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

The limitations of liability and disclaimers in the Terms of Use shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort.

Indemnity

You agree to defend, indemnify and hold harmless us and its officers, directors, employees and agents from and against any and all third-party claims, liability, damages or costs, including without limitation reasonable legal and accounting fees, arising or resulting from your use or misuse of this Site and the materials available on this Site, your breach of the Terms of Use or infringement of any intellectual property or other right of us or person or entity.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund.  Each specific product, service, event or course will specify its own refund policy.

Reserved Rights

The Site contains information, communication, software (including program code that may execute on the server or that may be embedded in or downloadable from individual pages on this Site), images, sounds, music, graphics, photos, videos, and other materials and services (collectively, the "Content").

You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features (the "Website Design") are protected by the United States and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. All use of the Content or Website Design shall be in accordance with such rights and the terms of this agreement.

Users of this Site are granted a limited license to display or print its Content for their own personal non-commercial use, provided the Content is not modified. Any other use of the Content or the Website Design is prohibited. The Content and Website Design may not be otherwise reproduced, republished or re-disseminated in any matter or form without the prior written consent of us.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the United States and any dispute shall be subject to binding arbitration in the United States. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Entire Agreement
The Terms of Use constitute the entire agreement between us and you with respect to the Site and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.