Terms of Use
TERMS AND CONDITIONS OF USE for Katherine MacLean PhD’s Website
Welcome to Katherine MacLean, PhD’s website. This site is maintained as a service to our users. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on this website (collectively, “Information”). Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of this website, which is owned by Katherine MacLean (“MacLean”) and the Information, and other pages included within (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by MacLean upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy.
3. Ownership. All content included on this site, including the Information, is and shall continue to be the property of Katherine MacLean and/or her content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
5. Site Use. MacLean grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of MacLean and MacLean may terminate your use of this website at any time.
6. You will not rely on any Information provided in or through the Site, or other means of communication from MacLean, as professional medical or therapeutic advice, diagnosis, or treatment or as a substitute of such professional medical or therapeutic advice, diagnosis, or treatment. You agree that it is your responsibility to seek medical, therapeutic and/or health related advice from a physician or other clinician or practitioner prior to and/or in connection with your use of, participation in, or implementation of any Information received from the Site.
7. The Information conveyed through this Site is not intended for you to break the law. It is not intended to encourage you or advise you to take any illegal substances. You will not rely on the Information provided through this Site to use plant medicines, or any other illegal drug mentioned through this Site, other than in a legal, government sanctioned clinical trial, or in any other manner legally permissible in the jurisdiction in which you are located.
8. Compliance with Laws. In connection with the use of the Site, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Information available on the Site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
9. Disclosure of Communications. You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel may, in the course of their regular duties, have access to communications for technical or operational purposes, and may also disclose any communications to the extent permitted or required by law.
10. Indemnification. You agree to indemnify, defend and hold MacLean and her partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
11. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MACLEAN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MACLEAN BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Use of Information. MacLean reserves the right, and you authorize her, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
14. Prohibition Against Rogue Programming. You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). Any downloading of software or other materials or any other use of the Information on Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Dede Cummings, who can be reached as follows:
By Mail: 139 Main St, Suite 501
By Phone: 802-380-1121
By E-mail: info@greenwriterspress.com
16. Applicable Law. You agree that the laws of the Vermont, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and MacLean or her employees, contractors, members, clients, and/or affiliates.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of the Site or MacLean to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by MacLean must be in writing and signed by an authorized representative MacLean.
19. Termination. MacLean may terminate this Agreement at any time, with or without notice, for any reason.
20. Entire Agreement. This Terms of Use constitutes the entire agreement between you and MacLean and governs the terms and conditions of your use of the Site and the Information, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MacLean with respect to this Site and the Information. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. MacLean may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
21. Contact Information.
Katherine MacLean, PhD
Vermont, USA
connect@katherinemaclean.org
www.katherinemaclean.org