WEBSITE TERMS OF SERVICE

Last Updated and Effective as of July 8, 2021.

Please read these Terms of Service carefully before you start to use www.drcarlynd.com (the “Website). This Website is owned and operated by Dr. Carly Polland, ND (“Dr. Carly Polland,” “we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Website. 

We make various health and wellness products and services available on this Website including, but not limited to, online courses and programs, meal plans, articles, blogs, memberships, digital downloads, videos, herbal and nutritional supplements, and other products and services. We provide this Website and all of the products and services on this Website subject to these Terms of Service. 

There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms of Service (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms of Service, unless the Additional Terms state otherwise. For example, when you purchase an online course or program, users shall be subject to any terms of use or posted rules applicable to such online course in addition to these Website Terms of Service. Each product or service we offer on this Website may have its own refund or return policy. Please refer to the individual product or service terms and policies when applicable for more information. 

By visiting, using, viewing, or accessing the Website, and/or any content contained on, accessible through or downloadable through this Website, whether available for free or by purchase, purchasing products from our Website Store, or otherwise signing up to receive any of Dr. Carly Polland’s emails, newsletter, social media posts or content, you are voluntarily agreeing to these Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink on our Website including our Privacy Policy, and you are accepting and agreeing to be bound by and abide by them. 

If you have any questions about any of these Terms of Service, please contact us at hello@drcarlynd.com before using this Website. If you do not agree to these Terms of Service, then you must not use this Website.

ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and us with regard to these Terms of Service and your use of the Website will be resolved by binding, individual arbitration.

Changes to Terms of Service  

We reserve our right to change, modify or update these Terms of Service at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms of Service located at the top of this page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Website and its contents, products and services thereafter. By continuing to use the Website after we post any such changes, you accept and agree to be bound by the Terms of Service as modified, so please check these Terms of Service from time to time to be aware of any modifications.

No Medical Advice – Information on Website for Educational And Informational Purposes Only 

This Website has been created by Dr. Carly Polland to provide information, products and services related to health and wellness; however, all information, products and services found on and accessible through this Website are for general educational and informational purposes only, and are NOT intended as, and must NOT be understood or construed as, medical care or advice for any person, the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, or psychotherapy. Nothing on this Website is intended to diagnose, treat, cure or prevent any disease, and information on this Website must not be used as a substitute for professional medical advice, diagnosis, or treatment.

WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY, AND NO CONTENT IS INTENDED TO BE TAKEN AS MEDICAL ADVICE.

While Dr. Carly Polland, ND is a naturopathic doctor licensed in California and Washington, she does not provide medical advice on or through this Website. Your use of the Website or purchase of any products or services offered on the Website DOES NOT create a doctor-patient relationship between you and Dr. Carly Polland. 

Information you obtain from this Website or our products and services is NOT a substitute for medical advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. You should not rely on information on or from this Website as a substitute for professional medical advice, diagnosis and treatment. If you have any concerns or questions about your health, you should always consult one-on-one with a licensed medical or health care professional in your state. 

DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR PURCHASED FROM THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, AND THE PRODUCTS SOLD ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION YOU MAY HAVE FROM USING ANY PRODUCTS SOLD ON THIS WEBSITE.  PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. YOU SHOULD ALWAYS CONSULT YOUR DOCTOR OR MEDICAL PROVIDERS BEFORE TAKING ANY MEDICATION OR NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, OR USING ANY PRODUCT FOR ANY HEALTH PROBLEM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITE. 

Dr. Carly Polland disclaims all liability for any damage you may suffer as a result of failing to seek medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.

Intellectual Property Rights

This Website includes materials protected by intellectual property laws, including but not limited to online courses and programs, written text, logos, photos, audio files, videos, art, designs and graphics. When you access the Website or access or purchase any of its contents, products or services, including any free downloads, Dr. Carly Polland is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money.

This means that when you access the Website or any content on or available through the Website, you agree that you will only use it for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Website for any commercial purposes or any other purpose without express written permission from Dr. Carly Polland. 

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of  Dr. Carly Polland. You are permitted to use the content only as expressly authorized by us. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website shall constitute infringement in violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties.

You agree and understand that you do NOT acquire any ownership rights in the Website content by your use of the Website or its content, and we do not grant you any licenses, express or implied, to the intellectual property of Dr. Carly Polland or our licensors, as applicable, unless expressly authorized. Furthermore, you agree and understand that you are not permitted to delete or alter any proprietary rights or attribution notices on or in the Website or any of its contents, products or services such as the copyright notice © or trademark notice such as TM or ®.

Any trademarks, taglines, and logos displayed on the Website are trademarks belonging to Dr. Carly Polland. Any trademarks reproduced on this Website that are not the property of Dr. Carly Polland, are the property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Carly Polland’s express written consent.

Purchases from our Website and Refund Policy

Purchase of products and services through the Website are governed by these Terms of Service, and any of our other policies or terms presented to you at the time of purchase.  

In the event you wish to purchase any of our products or services, you will be asked by us or an authorized third party to supply certain payment and billing information, including without limitation, your full name, address, telephone number and credit card information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method, that the information is accurate and complete, and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase or subscription (including any applicable taxes and other charges). 

You agree that you are financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to purchase services or products through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Your purchase of a product or service may or may not provide for any refund. Each specific product, service, program or course will specify its own return and or refund policy. 

Accounts, Passwords and Registration Information

When you purchase certain products or services and in order to use certain features of the Website, you may need to register for and create an account. If any portion of the Website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. By registering, you agree that all information provided is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information. You also grant us the right to disclose certain data about you to third parties. The information we obtain through your use of this Website is subject to our Privacy Policy. You understand that by providing any information to us which is untrue, inaccurate, not current or incomplete, we reserve the right to terminate you access and use of the Website and/or the services.

As part of the registration process, you may be required to create a unique username and password. You are responsible for maintaining the security and confidentiality of your account and password, and are responsible for all activities (whether by you or by others) that occur under your account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do. 

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.

Interactive Features and Forums

This Website may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. For example, Dr. Carly Polland may host message boards, chats and other private/public forums on this Website and on other platforms. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:

  • Restrict or inhibit any other user from using and enjoying the Website.

  • Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.

  • Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

  • Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means.

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

  • Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

  • Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

  • Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.

  • Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

  • Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

Any user failing to comply with these Terms of Service may be terminated from and refused continued access to, the message boards, groups, chats or other such forums in the future. Dr. Carly Polland or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Dr. Carly Polland and staff, outside contributors, or by users not connected with Dr. Carly Polland, some of whom may use anonymous user names. Dr. Carly Polland expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Dr. Carly Polland or any of its subsidiaries or affiliates.

Dr. Carly Polland has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Third-Party Websites, Services or Social Media 

The Website may contain links to third-party websites or social media sites (“Linked Websites”). The Linked Websites are not under the control of Dr. Carly Polland, and Dr. Carly Polland is not responsible or liable for any content of any Linked Website, including without limitation any link contained in a Linked Website or actions taken by the Linked Websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While we only provide Linked Websites that we believe in and trust, the inclusion of any link does not imply endorsement by Dr. Carly Polland of the views, opinions, facts, advice or statements in such Linked Websites or any association with its operators. Although Dr. Carly Polland may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. Dr. Carly Polland has no control over the contents, actions or functionality of the Linked Websites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Linked Website. It is your responsibility to review the terms and conditions and privacy policies of the Linked Websites to confirm that you understand and agree with those policies. Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever. 

Online Commerce Purchases from Third-Parties

Certain sections of the Website may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services sold by third parties. If you make a purchase from a third-party merchant on the Website or on a site linked to by our Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Website.

Your participation, correspondence or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Dr. Carly Polland shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

No Guarantees

You agree that Dr. Carly Polland has not made any guarantees about the results of taking any action, whether recommended on or in this Website or not. This Website provides educational and informational resources that are intended to help users of this Website succeed in health or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Dr. Carly Polland and any individuals associated with Dr. Carly Polland.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether customers of Dr. Carly Polland or otherwise - applying the principles set out in this Website, its contents, products and/or services are no guarantee that you or any other person or entity will be able to obtain similar results.

Testimonials

At various places on this Website you may find testimonials from users and customers of services or products offered on or in this Website. The testimonials are actual statements made by users and/or customers of Dr. Carly Polland and have been truthfully conveyed on or in this Website.

Although these testimonials are truthful statements by real people (not actors), they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the Website or other services of Dr. Carly Polland. 

User’s Personal Responsibility and Assumption of Risk

We have done our best to ensure that the Website and its contents are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither Dr. Carly Polland nor any of Dr. Carly Pollands’s owners, officers, employees, or contractors are responsible for any errors or omissions on or in this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By accessing the Website and its contents in any way, you accept personal responsibility for the results of your actions. Dr. Carly Polland is not responsible for your personal actions or choices before, during or after use of our Website. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Website is at your own risk, and you agree to take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in this Website and to absolve Dr. Carly Polland of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur. Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested on this Website, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved. 

Errors And Omissions​

This World Wide Web Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date.  We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.

Termination and Access Restriction

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

Disclaimers; No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION ON THE WEBSITE, AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

DR. CARLY POLLAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS FOR ANY PURPOSE. 

DR. CARLY POLLAND MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, DR. CARLY POLLAND MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. DR. CARLY POLLAND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME. 

DR. CARLY POLLAND FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES OR RESULTS OF THE USE OF THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

WITH RESPECT TO HERBAL AND NUTRITIONAL SUPPLEMENTS SOLD ON THIS WEBSITE: YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. 

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS.

THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

Limitation of Liability; Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL DR. CARLY POLLAND, ITS owners, officers, DIRECTORS, employees, contractors, affiliates or suppliers, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF DR. CARLY POLLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DR. CARLY POLLAND, ITS owners, officers, DIRECTORS, employees, contractors, affiliates and suppliers ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS CONTENT, ITS PRODUCTS OR ITS SERVICES, OR WITH ANY OF THIS DISCLAIMER, THE WEBSITE TERMS OF SERVICE, OR THE WEBSITE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES. 

BY USING OR VIEWING THIS WEBSITE AND ITS CONTENTS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE DR. CARLY POLLAND, ITS owners, officers, DIRECTORS, employees, contractors, affiliates AND suppliers FROM ANY AND ALL CLAIMS. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE DR. CARLY POLLAND, AND ITS owners, officers, DIRECTORS, employees, contractors, affiliates or suppliers FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

ACCESS TO THE CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF DR. CARLY POLLAND SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless Dr. Carly Polland and its owners, officers, directors, employees, contractors, affiliates and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Website in violation of these Terms of Service, (ii) any breach by you of these Terms of Service or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website (except to the extent a claim is based upon infringement of a third-party right by materials created by Dr. Carly Polland) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. Dr. Carly Polland reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dr. Carly Polland in asserting any available defenses.

Jurisdiction/Governing Law

This Website (excluding any linked Websites) is controlled by Dr. Carly Polland from its offices within the State of California, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Website, Dr. Carly Polland and you both agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Website. 

Disputes and Arbitration

Any dispute you have with us should be submitted to hello@drcarlynd.com  within thirty days of the event giving rise to the dispute. Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where you or we are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to these Terms of Service, your use of the Website or your purchase of any of our products, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. 

This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent with the Federal Arbitration Act, California law. The arbitration will be conducted in El Dorado County, California, in English by three arbitrators appointed in accordance with the American Arbitration Association’s rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.

You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in El Dorado County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs.  Any cause of action brought by you against Dr. Carly Polland must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

If any provision of these Terms of Service if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us.

International Users

The Website is controlled, operated and administered by Dr. Carly Polland from our offices in the United States. Dr. Carly Polland does not represent that materials on this Website are appropriate or available for use in other locations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Waiver

Any failure by Dr. Carly Polland to enforce or exercise any provision of these Terms of Service shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.

Affiliate Links Disclosure Policy

We believe in full disclosure. Dr. Carly Polland may earn commissions from products or services recommended on this Website or reviewed or mentioned in articles/blog posts as well as posted on other Website pages. This means that we may earn a commission if/when you click on or make purchases via our affiliate links to other Websites that pay a referral commission. We will always make clear if a link is an affiliate link.

As a policy, Dr. Carly Polland will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. 

While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Website, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to Dr. Carly Polland by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

Contact Us

If you have any questions about these Terms of Service, please contact us at hello@drcarlynd.com.