Devin's Site

TERMS OF SERVICE

Overview

It’s Time Natural Health, LLC and/or its affiliates (collectively, “Company”) provides courses, materials, content, events, and other products and services, (collectively, “Services”).   Your use of the Services is subject to these Terms of Service.  

Company offers paid Services, including various courses, for a fee.  You are subject to, and bound by, all applicable payment, refund, withdrawal, and transfer policies for all of the Services that you use, whether such terms are expressed herein, in Additional Terms, or posted at the time of purchase.  You are responsible for paying all fees and applicable taxes associated with the Services at the time of purchase.  Fees may vary based on your location and other factors.  All fees are quoted in U.S. dollars, unless specifically stated otherwise.  Acceptable payment mechanisms may vary.

Your access to and use of the Services may be for a limited period of time (e.g., through completion of a course only or for limited period of time post-completion.  Likewise, the nature of your access to and use of certain Services may change following your completion of such Services (i.e., read-only access).   For Services offering “Lifetime Access,” access shall continue only for so long as Company continues to offer such Service(s) (i.e., Lifetime Access does not guarantee access to Service(s) for your lifetime).  

Company may modify the Service(s), the Materials, and/or the method of delivering the Services or Materials, which modifications shall not be considered a violation of your access to or use of the Services or the promise of Lifetime Access.  Company may offer new versions of certain Services.  You can be provided with access to the version available at the time of your purchase but you may not be entitled to access a newer version of such Service.

By visiting our Thinkific site and/or purchasing something from us via our Thinkific site, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Services on our website. By accessing our Services or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to the Terms, then you may not access the website or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Company Materials

The Services, and any resources or materials relating to them, including all concepts, techniques, methods, and/or other information (collectively, the “Materials”) constitute intellectual property and proprietary material owned by Company, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries.  You acknowledge that Company has invested substantial resources in developing the Services and Materials, which constitute commercially valuable and confidential property of Company. Company reserves all ownership rights to the Services and Materials, including any patents, copyrights, trade names, trademarks, trade dress, logos, or service marks therein.

All Services and Materials are protected from unauthorized use or unauthorized acts by intellectual property laws. No right, title or interest in or to the Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Services or Materials that is not expressly permitted by these Terms may be a breach of the Terms, and may violate intellectual property law and other laws.

Using the Services does not give you any ownership of or any intellectual property rights in the Services or the content you access or use.

Company Copyrights

You agree to abide by all copyright notices and restrictions contained within the Terms, the Intellectual Property License and Terms of Use, any of the Services, or any of the other applicable terms associated with the Services. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in the Services, except as expressly set forth herein, as set forth in the Intellectual Property License and Terms of Use, or as otherwise agreed upon by you and an authorized representative of the Company in writing.

Personal, Non-Commercial Use Only

All Company Services and Materials are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the Company’s Services or Materials.  You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the Services or Materials. 

Third-Party Materials

Certain Services and Materials provided to you may be licensed to Company from third parties. In such cases, such third parties are the owners of all rights to the Services and may have the rights and responsibilities attributed to owners of such Services. You agree that Company is not responsible or liable for any losses, injuries, or consequences related to third party materials regardless of whether such third-party materials are offered in connection with Services or the Terms.

Acceptable Use Policy

By using the Services, you agree not to post, share, or communicate any content that, in Company’s sole judgment:

•              infringes or violates the intellectual property of Company or any other party;

•              promotes or depicts discrimination based on race, gender, sex (including pregnancy, sexual orientation, or gender identity), religion, national origin, physical or mental disability, sexual orientation, familial status, genetic information and/or age and any other protected class status;

•              is or contains material that is false, unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, bigoted, vulgar, offensive, sexually explicit, or otherwise objectionable; 

•              disrupts other users or in any way interferes with another’s enjoyment of the Services;

•              disrupts or unduly burdens Company or in any way inhibits Company’s ability to deliver the Services to others;

•              would create or threaten harm to any person or loss or damage to any property;

•              would assist with, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, regulations concerning privacy;

•              displays the look, feel and/or functionality of Company’s Services such that it suggests that it emanates from Company, or is sponsored by Company, because of a confusingly similar look and design;

•              impersonate, screen scrape, or deep link to any aspect of the Services or access any Services through technology or means other than those provided by us;

•              misrepresents your identity or impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Company and any partners or affiliates of Company;

•              includes private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

•              consists of, installs or attempts to install or promote spyware, malware or other computer code, viruses, corrupted data, or other harmful, disruptive or destructive files on Company’s or third parties systems, networks, software, and hardware;

•              disrupts or creates an undue burden on Company’s networks or services (as determined solely by Company);

•              collects other users’ e-mail addresses and/or their usernames or passwords for any illicit or unsolicited purpose;

•              consists of unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking, or collecting names and emails addresses for the purpose of sending unsolicited emails;

•              includes chain letters, bulk or junk e-mail;

•              involves commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services, unless expressly permitted by Company.

•              runs any paid ad that links to Company on Facebook, Instagram, Twitter, and/or other social media outlets, websites, and/or web applications; 

•              refers to the costs of Company’s Services; and/or

•              otherwise violates the Terms.

Personal information

You may be invited to share personal and/or private information with others. You agree that sharing such information and/or incorporating such information into your User Content is done voluntarily by you and at your own risk, and Company shall not be responsible or liable for any consequences associated with sharing your personal information in such manner.  You agree that the Company is not responsible for ensuring that others maintain the confidentiality of such information and you agree not to hold the Company liable or otherwise responsible for the disclosure of such information.

Your Account

When establishing an account with Company (“Account”), you agree to (i) provide complete and accurate information to the Company, (ii) create, access, and use only one (1) Account, and (iii) not to share your account or login information with others. Company will not be liable for any losses incurred because a third party accessed your Account, with or without your permission, and we may hold you liable for any losses the Company or another related party incurs because someone else used your Account.

Messaging

You expressly consent to receive communications and documents (including, but not limited to legal, marketing, and educational in nature), notices, and disclosures (“Communications”) from Company in any and all forms, including electronically and hard copy.   By agreeing to receive Communications electronically and/or by providing us your e-mail address, telephone or mobile number, you agree that we may contact you in any way, including via e-mail, SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. To opt out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication. You can opt-out of receiving any e-mail communications from us by clicking the “unsubscribe” link included at the bottom of any e-mail we send.

Notwithstanding your indicated email marketing preferences, we may send you administrative emails, including, but not limited to, order confirmations or information about Services you have purchased. We may also contact you via e-mail to respond to inquiries or other communication that you may have initiated with us.

Enforcement and Compliance

The Company reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms. You agree that the Company has the right, without liability to you or notice to you, to disclose any registration data and/or Account information and/or your identity to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party's rights).

Disclaimers

Health and Medical Disclaimer

You acknowledge that the Services will not train you to become a medical doctor, nutritionist, or dietician.   You further acknowledge that insofar as the Services involve the teaching or dissemination of information about matters concerning health or wellness, such information is not meant to serve as medical advice to you or anyone else and you should not use any Services as a preventative health measure, for purposes of health assessment, or to diagnose or treat any health issues. If you have or suspect you have any health issues, disease, or other medical condition, please contact your healthcare provider.  Company does not endorse, sponsor or guarantee any of the information statements, opinions, or services of others, including advertisers, providers or partners, that may be accessible or made available through its Services.

Warranties

THE COMPANY’S SERVICES ARE PROVIDED TO YOU "AS IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, COMPATIBILITY, SECURITY, ACCURACY,  QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  No oral or written statement by any Company employee or representative shall create a warranty or modify this section.  Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to you.

YOU EXPRESSLY AGREE THAT your use of, or your inability to use, the Company’s Services is at your sole risk.   The Company does not warrant for the accuracy, reliability, or completeness of any information, text, graphic, links or other items contained within the Company’s Services or for any errors, omissions, or any outcomes related to your use of the Services. The Company takes precautions to protect itself against, but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. The Company does not guarantee that your use of the Services will be reliable, error-free or uninterrupted. The Company does not warrant that the Services will operate in the configuration or with other hardware or software you use.

You acknowledge and agree that the Services may not be available at all times and in some geographic locations, and that certain usage limits may apply.

Third-Party Links

The Company may include material from third parties or include links to third-party websites in its Services. Company assumes no liability or responsibility for such third-party materials or websites and will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links or third-party websites. Please note that these third-party websites may have privacy policies and other policies that differ from those of the Company and the Company encourages you to carefully read those policies. The Company’s Privacy Policy applies only to information collected by Company.

Technology and Support

Certain Services are made available online.  Additional resources may contain additional information regarding the technology requirements necessary to access and use the Services.  You are solely responsible for ensuring that you have the appropriate hardware, software, Internet access, and/or other equipment necessary to access and use the Services. Company will not be liable for any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the Company is advised of or should know of the possibility of such damages.

Minors

The Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, CONTRACTORS, PRINCIPALS, OR LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS, INJURY, OR DAMAGE OF ANY KIND, EVEN IF FORESEEABLE OR EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY RELATING TO ANY THIRD-PARTY PROVIDING YOU WITH SERVICES. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

In no event shall the Company's total liability to you for all damages exceed the amount you paid for the Services at issue. The foregoing limitations will apply even if the above stated remedy fails its essential purpose.

Indemnification

By using the Company’s Services, you accept the Terms and you agree that you will indemnify, defend, and hold harmless Company, its subsidiaries, and its affiliates, as well as their respective directors, officers, employees, attorneys, agents, shareholders, partners, members, managers, and owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, (collectively or individually, “Losses”) insofar as such Losses arise out of or are based upon: your performance of the Terms, or failure to perform under the Terms; your breach of any representation, warranty, or obligation under the Terms; your improper use of Materials; your use or misuse of Services; any violation of applicable law or regulation; disputes with or between other users that involve you; misstatements and misrepresentations; bodily injury, death of any person, or damage to any personal property resulting from your acts or omissions; and/or your violation of any privacy right, copyright, patent, trade secret, trademark, and/or other intellectual property right of any persons contracts or arrangements made or provided based on any materials provided via the Services.   

The indemnification obligations set forth in this paragraph are subject to the following: (i) Company shall have the option of assuming control over the defense and/or settlement of such claim, and you will reimburse Company for all costs of defending the matter, including, without limitation, reasonable attorneys’ fees and costs; and (ii) you shall not settle any claim or action on behalf of Company without first notifying Company of all details related to such settlement, and receiving Company’s prior written consent.

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER.

Except with respect to the equitable remedies available to Company as set forth herein, in the event a dispute arises between you and Company, either arising from the Terms or any other terms or agreements between you and Company, YOU AND COMPANY SHALL SUBMIT TO BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND COMPANY MUST BE HELD IN HARRIS COUNTY, TEXAS.

YOU UNDERSTAND THAT CERTAIN LEGAL RIGHTS WILL BE FORFEITED, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION WITH OR AGAINST OTHER CLAIMANTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.

You further understand and agree that: (i) the arbitrator shall not be empowered to award punitive, incidental, consequential, indirect, exemplary, or special damages; (2) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, indirect, exemplary, special, or any other damages other than the amount of any cost previously paid by you to Company; and (3) any and all claims, judgments, and awards shall be limited to, and shall not exceed, the costs previously paid by you to Company for the Services at issue.

Except as may be required by law, neither you, nor Company, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both you and Company.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Terms, or the rights and obligations of any other party in connection with the Terms or the Services, shall be governed by, enforced under, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Texas and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods.  You agree that jurisdiction and venue, directly or indirectly arising out of or relating to the Services, will be in Harris County, Texas, and you hereby consent and submit to the exclusive personal jurisdiction and venue in Harris County, Texas.

If you need to initiate an arbitration claim, you must serve notice to Company by regular and certified mail (return receipt requested) at the following address: It’s Time Natural Health, LLC, 6340 N Eldridge Pkwy, Ste N-121, Houston, TX 77041. If Company needs to initiate an arbitration claim, it shall notify you at the address provided by you to Company at the time of creation of the Account or such other address that you have provided in writing to Company.

Rules for the AMERICAN ARBITRATION ASSOCIATION are available at: https://www.adr.org.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING ARBITRATION PROVISION AND CLASS-ACTION WAIVER.

Term and Termination of Services

The Terms shall remain in effect for so long as you use the Services subject to these Terms.  Your use of the Service(s) shall be subject to immediate termination or suspension, without refund, if, in Company’s sole discretion, you violate any of the Terms. You acknowledge that Company’s determination as to any violation of the Terms or use of the Services shall be final and conclusive and may subject you to civil penalties, monetary damages, and the immediate termination of your use the Company’s Services. Upon termination of Your License, you shall cease all use of the Company’s Services and remain liable for paying all amounts that may be due and payable by you to the Company. The Company reserves the right to modify, suspend, remove, or disable access to any Company Services at any time without notice and in no event will the Company be liable for making any such changes.  

Miscellaneous

Time-Barred Claims

You agree that regardless of any statute or law stating the contrary, any claim or cause of action brought by you or on your behalf that arises out of or relates to your interactions with Company, including, but not limited to, the Services, must be filed within one year after such claim or cause of action arose or be forever barred.

Survivability

All rights, obligations, and duties hereunder, which by their nature or by their express terms extend beyond the expiration or termination of Terms, including but not limited to disclaimers and warranties, indemnifications, duty to arbitrate, intellectual property (including rights to and protection of intellectual property and proprietary information), confidentiality, and limitation of liability, shall survive the expiration or termination of these Terms.

Except as noted immediately below for arbitration, all notices, consents, waivers, and other communications under the Terms shall be in writing and shall be deemed to have been duly given and received when sent by electronic mail or by first-class mail to you. You agree to provide Company with your current, complete, and accurate email address and postal address and agree that notice can be delivered at either of those addresses. Notice can be sent to Company via sending a message through the Contact page of drdevinmiles.com. This “Notices” paragraph does not apply to arbitration.  If you want to initiate an arbitration claim, you must comply with the notice requirements of the Arbitration paragraph above.

Modifications

The Company reserves the right to update and modify the Terms without advance notice to you or liability and such changes will be effective immediately when posted on this Site and will govern your continued use of the Company’s Services.  Your continued access to and/or use of the Services will be deemed your acceptance of these changes.

Company reserves the right to modify, discontinue, or suspend any aspect of the Services or the Services in their entirety, in its sole discretion and without notice or liability. Description of Services may be revised by Company at any time, without notice or liability, and any description of Services shall not be considered to be a representation that such features will always be available or included in Services.

Entire Agreement

The Terms represent the entire and exclusive agreement between the Company and you regarding your use of the Company’s Services and replaces any prior agreements between you and the Company regarding the subject matter herein.

Severability

If any provision of the Terms is held to be invalid or unenforceable by any law, rule, order, or regulation of any government or by the final determination of any state or federal court or arbiter, all remaining provisions hereof will remain in full force and effect.

No Waiver; Cumulative Remedies

The Company's failure to enforce any right under the Terms or failure to act in response to a breach will not constitute a waiver of such right or of any other right under the Terms and will not limit such right or our rights with respect to such breach or any subsequent breaches. The Company is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of the Company's control. Other than as expressly stated in the Terms, the remedies available to Company are in addition to, and not exclusive of, any other remedies available to Company at law or in equity.

No Assignment

The Terms, and all rights granted herein, are not assignable by you and any attempt to do so is of no force and effect. Company may freely assign the Terms, and all rights granted therein.

Force Majeure

Company is not responsible for delays or failures to perform its responsibilities under the Terms or any other terms or agreements due to conditions beyond its control (including but not limited to epidemics, pandemics, other public health emergencies, emergency state or federal orders, natural disasters, viruses, denial of service attacks, strikes or other labor unrest, lockouts, blackouts, power outages, system outages, computer, telecommunications, internet service provider or hosting facility failures, interruption of internet service, delays involving hardware, software or power systems, Malicious Code, denial of service attacks, and inability to obtain energy, work slowdowns or stoppages, fires, acts of God, war, terrorism (or threat thereof)).

Foreign Access and Export

The Services are controlled and operated in whole or in part by Company in the U.S. Company makes no representation that the content provided as part of the Services is appropriate or available for use in other locations, and access to it from territories where the content may be illegal is prohibited.

You may not use or otherwise export or re-export the Services except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. 

Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the Services.

International Residents

The Company and you confirm that it is their wish that this document and all other related documents be drawn up in English.

Attorneys’ Fees

If either you or Company files a legal proceeding arising out of or relating to the Terms or Services, the prevailing party (as adjudged by a court, arbitrator(s), or other fact-finder) shall be entitled to an award of all costs and expenses incurred in connection with such proceeding, including but not limited to, reasonable attorneys’ fees and costs and expert witness fees.

Potential Harm to Company

You acknowledge that your violation of the Restrictions or Intellectual Property provisions set forth in the Terms and your violation of intellectual property law as it relates to Company’s intellectual property will likely cause Company to suffer irreparable harm. Therefore, in the event of a breach or threatened breach of the aforementioned Company shall, in addition to damages and/or any other remedies available at law, be entitled to a temporary restraining order, preliminary and/or permanent injunction, specific performance, other equivalent relief (without the necessity of posting a bond with respect thereto), and the recovery of reasonable attorneys’ fees and costs.

Nondiscrimination Policy

Company does not discriminate against any individual because of age, disability,  gender, sex (including pregnancy, sexual orientation, or gender identity), national origin, race, religion, veteran status, familial status, genetic information, or any other protected class. Company will provide reasonable accommodations to those with documented disabilities or other qualifying medical conditions pursuant to the Americans with Disabilities Act.  The Company reserves the right to determine the reasonableness of the accommodation requested and accommodation will be granted only to the extent that such accommodation does not fundamentally alter the applicable Services or cause an undue burden to the Company.  The cost of excessive accommodation requirements is to be borne by you.

Benefits and Live and Virtual Events 

Company may, in its discretion, provide you with additional benefits, including, Materials, technological support, and other support.  Your access to and use of Student Benefits is subject to your compliance with the Terms. Student Benefits are subject to change and/or termination, at any time, with or without notice to you.

Company may invite you to attend live or virtual webinars and events (“Event(s)”) (collectively, “Student Benefits”).  By attending an Event, you acknowledge and agree that any photographs, audio, or video recordings (“Media”) of the Event taken by or on behalf of Company are the exclusive property of Company, and Company has the exclusive right to print, display, publish, exploit, disseminate, and otherwise utilize the Media, whether or not you, your likeness, and/or your voice is captured in the Media, and without any fees, royalties, payments, or consideration of any kind owed to you. You waive all rights and release and discharge Company from any claim, demand, or cause of action for defamation, invasion of privacy, infringement, or any other rights relating to the use of the Media. There are no refunds for failing to attend an Event, unless specifically stated otherwise.   In the event that the Company cancels an Event, you will be notified as soon as practical under the circumstances using the contact information you provided at time of registration.  Under no circumstances will the Company be liable for reimbursement of expenses incurred by you.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

With the exception of credit card information which is always encrypted during transfer over networks, you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Price and Service Modifications

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Products and Services

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional tools

We may, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services will be subject to these Terms of Service.

User comments, feedback, grant, and conditions

If you choose to provide feedback including any ideas, suggestions, concepts, processes, techniques, questions, answers, and other comments related to our Services, site, proposed services, documentation or business (“Feedback”), we will own and may use such Feedback without any restrictions and obligations to you, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, inaccuracies, omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, following general conditions apply to your use of the Services:

You are responsible for your conduct and activity when using our website. You must ensure that you do not, either directly or indirectly:

• use the Services for or in connection with any illegal or unauthorized purpose or in a manner that: (a) infringes, violates or misappropriates any rights of any person, including intellectual property, confidentiality or privacy rights, (b) is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by us in our sole discretion, (c) attempts, in any manner, to obtain the password, account, or other security information from any other user, (d) violates the security of any computer network, or crack any passwords or security encryption codes, (e) submit false or misleading information or (e) violates any laws, rules or regulations in your jurisdiction (including but not limited to copyright, data protection and privacy laws) as well as the laws of the US and Canada;
• reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Services or access the Services, or write or develop any program based on the Services or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
• circumvent or attempt to circumvent any limitations imposed on your account including any license, timing or use restrictions that are built into the Services;
• lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization;
• modify, translate, or create derivative works based on the Services or any software, hardware, documentation or data related to the Services, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Services in whole or in part except to the extent expressly permitted in writing by Thinkific or authorized within the Services;
• upload, transmit, disseminate or use the Services to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;
• use the Services to collect or store any sensitive information (“Sensitive Information”) including, but not limited to banking and credit card information, and if you do use the Service to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
• use the Services other than in accordance with our product documentation;
• permit the Services to be used by anyone other than yourself; 
• circumvent or otherwise interfere with any authentication or security measures of the Services, or otherwise interfere with or disrupt the integrity or performance of the Services, including doing anything to, or using the Services in a way that may, cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired, including overloading, flooding, spamming, mailbombing or crashing; and
• use any robot, spider, device, technology or process to monitor or copy any data or pages within the Services without our prior written consent.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimers of warranties: limitation of liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Termination

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

No refund clause

No refunds are provided for past, present or future created purchasable Services.

Contact information

Questions about the Terms of Service should be sent to us by using the Contacts page at drdevinmiles.com.

Our contact information is posted below:

It’s Time Natural Health, LLC

6340 N Eldridge Pkwy, Ste N-121

Houston, TX 77041

USA