Terms of Use
Date of Last Revision: October 31st, 2007.
Welcome to naturallycomplementary.com. The naturallycomplementary.com website, directories and community (collectively “naturallycomplementary.com” or “the Service”) are operated by GEM Equi-librium Pty and its corporate affiliates (collectively, “us”, “we” or “the Company”). By accessing or using our website at naturallycomplementary.com or the mobile version thereof (together the “Site”), or by posting a Share Button on your site, you (the “User”) signify that you have read, understand and agree to be legally bound by theses Terms of Use ("Terms of Use" or "Agreement" or “Terms of Service”), whether or not you are a registered member or listed in the directories of naturallycomplementary.com. The Terms Of Use ("TOU") explains how naturallycomplementary.com (“the Site”) functions; details our privacy and copyright policies and clearly states the obligations that you, the user of this site, must accept in order for us to continue to grant you access. By visiting the Site you demonstrate that you agree to and accept the following terms and conditions, and any policies, guidelines or amendments. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. You will be able to find the most current version of this agreement at http://naturallycomplementary.comYour continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES.
Acceptance of Terms Of Use
Access to and use of naturallycomplementary.com is provided by GEM Equilibrium Pty subject to the following terms.Users of the Site and Service agree to be legally bound by the terms and conditions contained in the TOU, which shall take immediate effect on the first use of naturallycomplementary.com. If you do not agree to be legally bound, then please DO NOT access or use in anyway the naturallycomplementary.com site or service.By accessing or using the web site at naturallycomplementary.com or any mobile version thereof (together the "Site") you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement" or “Service”), whether or not you are a registered member of naturallycomplementary.com.Naturallycomplementary.com reserves the right to change, modify, update, add to or delete from the TOU discontinue, temporarily or permanently, the Service (or any part thereof) at anytime with or without notice to you. At the top of the Terms of use page is the date that these terms were last revised. Please review the TOU regularly to ensure that you are aware of any changes. It is solely your responsibility to check the Site regularly to determine if any changes to these Terms of Use have been made and to review any such changes.Your continued use of the Site and / or services after changes have been posted, constitutes your acceptance of the new Terms of Use and means that you agree to be legally bound by the updated and/ or amended terms and that you agree that naturallycomplementary.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.If you do not agree to abide by these or any future Terms of Use, DO NOT access or use (or continue to access or use) the Service or the Site.We prohibit users from uploading, copying, adapting, altering, reproducing, republishing, downloading, posting, broadcasting, transmitting, making available to the public, or otherwise using naturallycomplementary.com content in any way except for your own personal, non-commercial use. Any other use of naturallycomplementary.com content requires the prior written permission of the naturallycomplementary.com.You agree to use naturallycomplementary.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of naturallycomplementary.com Prohibited behaviour includes without limitation harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within naturallycomplementary.com
Description of Service
The naturallycomplementary.com site and service provides information and directories relating to natural holistic complementary and alternative medicines (CAMs), therapies, practitioners, schools and products for pets and animals. All material and information presented by Naturallycomplementary.com is intended to inform, acting as a reference guide only, not as a medical manual. All reasonable attempts have been made to provide accurate and recent information, but it is of a general nature which is not intended to address the specific circumstances of any particular individual person or pet. It does not offer medical advice or diagnosis, or endorse specific treatments. The information provided is not intended as medical or veterinary advice as it is not written by medical practioners or veterinarians unless expressly stated. The information on the Site is provided for educational purposes only, it aims to help you make more informed decisions about you and / or your animal’s health. It is NOT intended; as a substitute for medical or veterinary advice or diagnosis or to endorse specific treatments or products in anyway. Naturallycomplementary.com does not offer medical or veterinary advice or diagnosis, it recommends that you always consult directly with a suitably qualified professional with regards to; specific issues you or your pet may have and / or any advice, recommendations or suggestions that you may have obtained from the Site.The directories are compiled from data supplied by practitioners, therapists, schools and companies and therefore naturallycomplementary.com does not warrant or represent that the directory is free from errors or omissions. Similarly there may be technical or typographical errors. Naturallycomplementary.com lists practitioners, therapists, schools and companies as a service to you and to them. They do not represent Naturallycomplementary.com, and Naturallycomplementary.com does not assume any liability for any advice, diagnosis, treatment, prescription of any type by any practitioner, therapist, school, company, listed in the Naturallycomplementary.com directory or from any community or forum contributors or anyone else submitting content to the Site. It is the sole responsibility of the individual person, who chooses to see the complementary or alternative medical practitioner or therapist or school or company, whether or not they trust the recommended course of action by the practitioner or therapist or school or company. Please consult with your own veterinarian, physician or health care practitioner regarding the suggestions and recommendations made at Naturallycomplementary.com .Although naturallycomplementary.com has taken reasonable care to ensure that site content is accurate and current, naturallycomplementary.com makes no representations about the accuracy or suitability of the information or links provided on this website. If you do identify any inaccuracies please contact us at info@naturallycomplementary.com.Naturallycomplementary.com is not responsible for any action taken by any person or organisation, wherever they are based, as a result, direct or otherwise, of information contained in or accessed through this website.
User; Eligibility, Obligations, Registration and Account Data
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under any laws in any countries or other applicable jurisdiction or jurisdictions.
You also agree to: · provide true, accurate, current and complete information about yourself as prompted by the Service's registration form· maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof)· maintain the confidentiality and security of your password, account and identification· be fully responsible for all use of your account and for any activitities and actions that occur under your password or account· ensure that you exit from your account at the end of each sessionMembership in the Service is void where prohibited. This Site is intended for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement
Privacy Policy
We care about the privacy of our users. Please click here to view naturallycomplementary.com's Privacy Policy. You understand that by using the Site or Service you consent to the collection, processing and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Europe, Australasia and/or other continents and / or countries for storage, processing and use by naturallycomplementary.com and its affiliates.
Submissions
Naturallycomplementary.com claims no ownership or control over any Content submitted, posted or displayed by you on or through naturallycomplementary.com. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through naturallycomplementary.com services and you are responsible for protecting those rights, as appropriate. Naturallycomplementary.com reserves the right to syndicate Content submitted, posted or displayed by you on or through naturallycomplementary.com and use that Content in connection with any service offered by naturallycomplementary.com. Furthermore naturallycomplementary.com reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By submitting, posting or displaying any contribution or Content on or through or to naturallycomplementary.com (including any text, photographs, graphics, video or audio which are intended to be available to the members of the public,) you represent, warrant and agree, by submitting your contribution, to grant naturallycomplementary.com and users of the Site and service an irrevocable, worldwide, perpetual, royalty-free, non-exclusive, transferable, fully paid sub-licensable right and license to use, copy, reproduce, reformat, excerpt (in whole or in part) modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the naturallycomplementary.com Privacy Policy and distribute such User Content for (but not limited to) any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site and service(subject to such limitations, if any, that may apply) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and service and under these Terms Of Use. If you do not want to grant to naturallycomplementary.com the rights set out above, please do not submit your contribution to naturallycomplementary.comBy submitting your contribution to naturallycomplementary.com you: warrant that your contribution:· is your own original work and that you have the right to make it available to naturallycomplementary.com for all the purposes specified in the TOU;· is not defamatory; · does not infringe or violate any law;· indemnify naturallycomplementary.com against all legal fees, damages and other expenses that may be incurred by naturallycomplementary.com as a result of your breach of the above warranty;· waive any moral rights in your contribution for the purposes of its submission to and publication on naturallycomplementary.com and the purposes specified above.· You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.If Naturally complementary.com suspects that a user has submitted misleading, deliberately inaccurate incomplete, libellous or, slanderous information natcomp.com reserves the right to prevent that user from further submissions. Should any submissions be found by Naturallycomplementary.com to be unacceptably offensive, in violation of copyright law, or containing unacceptable material, Naturallycomplementary.com may remove the submission without notice.However, Naturallycomplementary.com is not responsible or obligated to restrict or monitor or filter or block submissions or users who submit inappropriate material in any way. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement and / or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.By using naturallycomplementary.com, the user agrees that they the users will appropriately evaluate and accept all risks associated with the use of any content, including but not limited to critical analysis of the accuracy, completeness, or usefulness of such content.You acknowledge and agree that by submitting any questions, comments, feedback, ideas, suggestions, documents, proposals and/or other information ("Contributions") to naturallycomplementary.com;· your Contributions do not contain confidential or proprietary information · naturallycomplementary.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; · naturallycomplementary.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; · naturallycomplementary.com may have something similar to the Contributions already under consideration or in development; · your Contributions automatically become the property of naturallycomplementary.com without any obligation of naturallycomplementary.com to you; · you are not entitled to any compensation or reimbursement of any kind from naturallycomplementary.com under any circumstances.You may remove your User Content from the Site at any time. However, you acknowledge that the Company or Users may retain such Content in their own accounts. Further you also acknowledge that the Company may retain archived copies of your User Content whether Public or Private
User Conduct
You understand that all information, comments, profiles, notes, data, text, software, music, sound, photographs, graphics, presentations, advertisements, listings video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that as a user you, and not the Company are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
You understand that except for self-service advertising programs and advertising programs offered by us on the Site , the Service and the Site are available for your personal, non-commercial use only. You understand, represent , agree and warrant that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.You agree to not use the Service to:· "stalk", “flame”, intimidate and/ or otherwise harass another· use automated scripts to collect information from the Service or the Site or for any purpose. · allow or encourage usage by others in such a way as to violate the TOU· collect or store personal data about other users in connection with prohibited conduct and activities set forth in these terms · submit Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);· contribute material with the intention of committing or promoting an illegal act is strictly prohibited.· provide information about illegal activities which promote physical harm or injury to any group or individual, or promote any act of cruelty to animals· submit any defamatory or illegal material of any nature in naturallycomplementary.com communities (this includes text, graphics, video, programs or audio).· Submit contributions containing languages other than English· Submit uncivil and tasteless contributions· Deliberately misuse the complaints facility· disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;· engage in commercial activities involving Naturallycomplementary.com without prior written approval from Naturallycomplementary.com · Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;· harm minors in any way;· register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; · impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; · interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service· use inappropriate user names· spam or post off-topic material or submit the same or very similar contributions many times· submit unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.· submit disruptive, offensive or abusive behaviour or material, contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.· provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Australasian, UK, Canadian, any European or United States governments as a foreign terrorist organizations· solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; · submit any content that infringes any trademark, copyright or other proprietary rights of any individual or entity· submit any content that you do not have a right to submit· upload, post, transmit, share, store, provide links, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; · upload, post, transmit, share, store, provide links, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; · upload, post, transmit, share, store, provide links, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; · upload, post, transmit, share, store, provide links, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; · upload, post, transmit, share, store, provide links, or otherwise make available content that would constitute, 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; · upload, post, transmit, share, store, provide links, or otherwise make available content to users that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type· upload, post, transmit, share, store, provide links, or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; · use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. .· harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; · damage, disable, overburden or impair the Site or in an unlawful manner . · refer to specific URLs (web site addresses) unlessspecific permission has been received prior to posting. You acknowledge that the Company may or may not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company, including without limitation information in the Company Forums and or Message Boards and in all other parts of the Service. You acknowledge, consent and agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibitedThe views expressed in naturallycomplementary.com Community areas are those of members of the public and are not necessarily those of the Company.
User Disputes
You are solely responsible for your interactions with other naturallycomplementary.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Termination, Cancellation and/ or Modification to the Site and / or Service
You agree that natuallycomplementary.com may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in our sole discretion, with or without notice.The company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.After cancellation, you will no longer have access to your account and all information or content associated with your account may be deleted. We accept no liability for such deleted information or content. In addition, we may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deletion of any content you have provided inside the Service. You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, · breaches or violations of the TOU, · requests by law enforcement or other government agencies, (· c) a request by you (self-initiated account deletions), · discontinuance or material modification to the Service (or any part thereof), or · unexpected technical issues or problems,· creation of inappropriate comments, articles or trackbacks in weblogs that are identical to promote websites; or· interference with or disrupt the service or servers or networks connected to the service or disobey any requirements, procedures, policies or regulations of networks connected to the service; intentionally or unintentionally violate any applicable local, state, national or international law; · extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or · nonpayment of any fees owed by you in connection with the Services.Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account or access to the Service.
Non transferability, No 3rd party beneficiaries and Resale of Service
You agree that these terms of use are not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. Naturallycomplementary.com reserves the right to transfer, assign and/or novate any rights and obligations resulting from this contract to a related company of naturallycomplementary.com and / or GEM Equi-librium Pty without further notice to you. You also understand and agree that the Company TOU, Privacy Policy and other policiies, including the Company’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.You agree that your account is non transferable. You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent.You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.You, the user, agree not to reproduce, duplicate, copy, sell, resell, trade or exploit for any commercial purposes any portion, access or aspect of the Service without express prior written permission from Naturallycomplementary.com .
Advertisements
Naturallycomplementary.com reserves the right to run advertisements and promotions at any time on the Site. The manner, mode and extent of advertising found on Naturallycomplementary.com shall be subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Links, Third Party Websites and Content
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.Because the Company has no control over such sites and resources, you acknowledge and agree that the Company does not endorse and is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.As well as links to other websites the Site contains articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
Intellectual Property and Proprietary Rights
By using the Site, you, the user, acknowledge and agree that Naturallycomplementary.com may contain proprietary and confidential information that is protected by applicable laws governing intellectual property and proprietary rights owned by the software's author or by Naturallycomplementary.com , or both. The look and feel of Naturallycomplementary.com and content on the Site is copyrighted by Naturallycomplementary.com .The names, graphics, logos, designs, page headers, button icons, scripts and service names and images are registered trademarks, trademarks or trade dress of Company in all countries worldwide. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company or the Member who owns the Member Content,, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by the Company or advertisers, or third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.Subject to the terms, naturally complementary.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
Indemnity
The user is solely responsible for all their actions when using the Site or while performing any actions as a result of use of the Site.Any content obtained through or from the use of the Site and or Service is utilised at the user's own discretion and risk. The user is solely responsible for use of the Site's content and its subsequent dissemination. Unless expressly stated, the content included in Naturallycomplementary.com shall not be considered the opinion of Naturallycomplementary.com , any of its staff, volunteers, advertisers or any other person or entity associated with Naturallycomplementary.com .You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement terms and conditions or of any law or the rights of any third party.
Disclaimer of Warranties
The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Service or in connection with the Service, whether posted or caused by Users of the Service and or site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site or the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or the Service or in connection with any User Content or Third Party Content, applications or software. The Company is not responsible for the conduct, whether online or offline, of any User of the Service.The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or the Service or combination thereof, including injury or damage to Users or to any other person's computer or mobile device related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Content posted on or through the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE SITE, THE SERVICE IS AT YOUR SOLE RISK. THE SITE, THE SERVICE (INCLUDING MOBILE, SHARE AND MARKETPLACE SERVICES), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NATUARALLY COMPLEMENTATARY.COM AND GEM EQUILIBRIUM PTY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.NATUARALLY COMPLEMENTATARY.COM AND GEM EQUILIBRIUM PTY! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (VI) THAT NATURALLYCOMPLEMENTARY.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGSANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
THE COMPANY RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SITE AND ANY SERVICES AND PLATFORM APPLICATIONS OFFERED THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY COMPANY.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT AND UNDER NO CIRCUMSTANCE WILL NATURALLYCOMPLEMENTARY.COM, GEM EQUILIBRIUM AND / OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE OR ANTICIPATED PROFITS, BUSINESS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR LOSSES SUFFERED BY THIRD PARTIES OR INJURY TO REPUTATION ARISING FROM THE USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTIONMAY NOT APPLY TO YOU.
Copyright Policy
Naturallycomplementary.com respects the intellectual property rights of others. We ask that our users to do the same. The names, graphics, logos, designs, page headers, button icons, scripts and service names and images identifying naturallycomplementary.com or third parties and their products and services are subject to copyright, design rights and trade marks of naturallycomplementary.com and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of naturallycomplementary.com or any other third party.If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide naturallycomplementary.com with the following information:1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;2. a description of the copyrighted work or other intellectual property that you claim has been infringed; its location or source (whether URL or name of the book, magazine, etc. in which published) and a description of the infringing activity; 3. a description of where the material that you claim is infringing is located on the Site with enough detail that we may find it on the web site; 4. your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; 5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf By Mail: naturallycomplementary.com, PO Box 789, Clare, 5453 South Australia, Australia. By email: info@naturallycomplementary.comNaturallycomplementary.com may, in certain circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be deemed repeat infringers.Naturallycomplementary.com may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Other
These Terms of Use represent and constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content or third-party software.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, its content or the TOU must be filed within two (2) months after such claim or cause of action arose or be forever barred.We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area using the 'Contact Us' link, and they will promote it if they see fit.If you are under 18 please get a parent's or guardian's permission before taking part in any naturallycomplementary.com discussion. Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address). The section titles in the TOU are for convenience only and have no legal or contractual effect.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of South Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of South Australia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of South Australia.As noted previously, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your membership or your use of the Company Service resides in the courts of South Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of South Australia in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree to abide by any Australian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorisation. You further agree not to upload to the Company Service any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain types of encryption software. This assurance and commitment will survive termination of this agreement. This User Agreement may be subject to applicable legislation, regulations and codes of practice.If there is any conflict between these terms and specific terms appearing elsewhere on naturallycomplementary.com then the latter shall prevail.These terms and this agreement shall be governed by and interpreted in accordance with the laws in force in the state of South Australia, Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia, Australia and courts of appeal from them for determining any dispute concerning this agreement.
Notice
No additional notice of any kind for any reason is due and user expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that,(a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief and (b) no disputes or claims relating to any transactions you enter into with a third party through the company may be arbitrated. Arbitration under this Agreement shall be conducted in Australia. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than two (2) months after the cause of action arose.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, use of the Site’s content and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.When you register with The Company, you acknowledge that in using The Company services to send electronic communications (including but not limited to email, search queries, sending messages to The Company forum or The Company Groups, uploading photos and files and other Internet activities), you will be causing communications to be sent through The Company's computer networks, portions of which are located in Europe, Australasia and/or other continents and / or countries. As a result, and also as a result of The Company's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Communications Network, Use and Storage
The Company service, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your The Company accounts located on The Company servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on The Company too. Your agreement to this TOS constitutes your consent to allow The Company to store these communications on its servers. From time to time The Company will send you notices through the The Company Service to let you know about important changes to the The Company Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.You acknowledge that The Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that The Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that The Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Company reserves the right to modify these general practices and limits from time to time.
Notice
The Company may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
Violations
Please report any violations of the TOS to the contact address belowNaturallycomplementary.com retains the right to block submissions from a user's email address found to be associated with violation of the letter or spirit of the TOU. If you notice a violation of the TOU, submit a message at "feedback" from the Site's homepage.
Contact Information
info@naturallycomplementary.comGEM Equi-librium Pty - naturallycomplementary.com P.O.Box 789, Clare, South Australia 5453, Australia.Naturallycomplementary.com © 2007