BERTONE INTEGRATIVE MIND BODY CLINIC TM
COURSES AND PROGRAMS
YOU ARE NOT PERMITTED TO SHARE YOUR LOGIN INFORMATION SUCH AS USERNAME AND PASSWORD TO ACCESS OUR PROGRAMS WITH ANYONE ELSE. YOU ARE NOT PERMITTED TO RECORD OR RE-POST OUR PROGRAM CONTENT, INCLUDING VIDEOS, ANYWHERE SUCH AS A FACEBOOK PAGE OR OTHER PUBLIC AREA TO ALLOW OTHERS TO ACCESS OR VIEW OUR PROGRAM CONTENT WITHOUT PAYING. DOING SO IS CONSIDERED COPYRIGHT INFRINGEMENT AND THEFT. Please see our Intellectual Property Rights section below for further information.
1. Information and Education Only; Not Medical or Professional Advice
The Bertone Integrative Mind Body Clinic Programs are for informational and educational purposes only and are not to be perceived as or relied upon in any way as medical or psychotherapy advice for any individual. The Programs are NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis, treatment, cure or prevention of any disease or medical condition. Nothing stated on this Website is intended to substitute for professional medical or mental health advice, diagnosis, or treatment.
Dr. Zachary Bertone is NOT providing mental health counseling or psychotherapy through the Programs. Information presented in the Programs is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
Your purchase of a Program, including your access to information provided in the Program or Program Content or implementation of any suggestions set out in the Program or Program Content, DOES NOT create a doctor-patient relationship between you and Dr. Zachary Bertone or Dr. Lena Kian, ND or any other professional associated with Bertone Integrative Mind Body Clinic.
You should not rely on the Program or Program Content as a substitute for professional medical or psychotherapy advice, diagnosis, or treatment from a qualified healthcare provider or mental healthcare provider who is familiar with your individual situation.
Always seek the advice of your qualified health care provider or mental health provider with any questions you have regarding a medical condition or your mental health and prior to changing any medications, taking any herbal, nutritional or homeopathic supplements, using any treatment for a health problem, or undertaking any significant changes to your healthcare regimen. Do not disregard, avoid or delay obtaining medical advice from a licensed medical professional or counseling or psychotherapy from a licensed psychiatrist, psychologist, psychotherapist or mental health counselor because of something you may have read, viewed or heard on or in a Program. Do not stop taking or applying any medications without speaking to your licensed medical or healthcare professional.
Because we expressly recommend that you seek advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in our Programs is solely at your own risk. Neither Bertone Integrative Mind Body Clinic nor Dr. Zachary Bertone, Ph.D. shall be held liable or responsible for any errors or omissions in a Program or for any damage you may suffer as a result of failing to seek competent medical or health advice from a licensed medical or mental health professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements in a Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any such dietary supplements or products which may be mentioned in any Program are not intended to diagnose, treat, cure, or prevent any disease or mental or physical medical condition. Always consult your physician or other licensed medical or health are professional before taking any nutritional, herbal or dietary supplement.
3. Payments and Refunds
a. Payment Policies
Payment is due upon purchase of the Program. Bertone Integrative Mind Body Clinic is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). You agree to only purchase the Program for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.
b. No Refund Policy
Your satisfaction with our Bertone Integrative Mind Body Clinic Programs is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and providing our Programs, we have a no refund policy. All purchases are final.
4. Intellectual Property Rights
a. Ownership of Program Content and Bertone Integrative Mind Body Clinic’s Limited License to You
Our Programs, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts, and slides, and all other similar materials and all other information and intellectual property accessible on or through the Programs and any website or e-mails we may use to distribute or host the Programs or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Bertone Integrative Mind Body Clinic or its affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
When you purchase a Program, Bertone Integrative Mind Body Clinic is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content ONLY for your own personal, non-commercial use. This license is limited to you only for your personal use, and NOT for your business or commercial use or to share with others.
You are NOT permitted to share any Program Content or access to any Program with your friends, family, colleagues, or any other person. If they would like access to a Bertone Integrative Mind Body Clinic Program, they must purchase their own license to the Program separately. If we learn that you share your access to any of our Programs, this is considered copyright infringement and theft and will be treated as such as set forth below in “Unauthorized Use and Infringement of Program Content.”
Additionally, when you purchase a Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of a Program or Program Content or use any Program Content for commercial purposes. For avoidance of doubt, this means you may NOT adapt, copy, or represent any part of our Programs in any way as if it is yours or created by you, and you may not reprint or republish any part of our Programs and Program Content for publication or compilation into your own products, programs, or services for business or commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame, or inline link to any part of a Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of a Program or Program Content without Bertone Integrative Mind Body Clinic’s express written permission.
You understand that purchasing, downloading, printing, or otherwise using any or our Programs in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still Bertone Integrative Mind Body Clinic’s and/or it’s respective owner’s property.
Any trademarks and logos displayed in the Programs and Program Content and the Bertone Integrative Mind Body ClinicTM mark are trademarks belonging to Bertone Integrative Mind Body Clinic unless otherwise indicated. Any use, including framing, metatags or otherwise utilizing these trademarks, is strictly prohibited without Bertone Integrative Mind Body Clinic’s express written permission.
b. Request for Permission to Use the Program Content
c. Unauthorized Use and Infringement of Program Content
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of ten (10) times the total fees paid for the Program(s) infringed, or a minimum of $10,000.00 per Program, whichever is greater, in addition to any legal or equitable remedies Bertone Integrative Mind Body Clinic may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.
5. Accessing the Program; Username and Password
During the registration and purchase process for a Program, you agree to provide true, accurate, current and complete information. To access the Program, you will need a username and password.
You agree to keep your username and password to access the Program confidential. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.
If Bertone Integrative Mind Body Clinic has reasonable grounds to suspect that you have shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Bertone Integrative Mind Body Clinic reserves the right to immediately suspend or terminate your account and your access to our Programs without refund in addition to pursuing damages for Unauthorized Use and Infringement as noted above.
Bertone Integrative Mind Body Clinic reserves the right to withdraw or amend any Program in its sole discretion without notice. Bertone Integrative Mind Body Clinic will not be liable if for any reason all or any part of a Program or Program Content is unavailable at any time or for any period. From time to time, Bertone Integrative Mind Body Clinic may restrict access to some or all of the Programs to users, including registered users if deemed necessary to update the Program or Program Content.
6. Errors and Omissions Disclaimer
Bertone Integrative Mind Body Clinic attempts to ensure that the Programs and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Bertone Integrative Mind Body Clinic cannot guarantee the complete accuracy of such information. You acknowledge that the Programs and Program Content may contain inaccuracies or errors and neither Bertone Integrative Mind Body Clinic nor its owner Dr. Zachary Bertone shall be held liable or responsible for any errors, omissions, or inaccuracies on or in any Program or Program Content or for any damage you may suffer as a result of failing to seek competent advice from a licensed healthcare professional in your state who is familiar with your individual situation. We make no warranties or guarantees as to the accuracy, timeliness, performance, completeness or suitability of the information in any Program and Program Content for any person.
7. Personal Responsibility and Assumption of Risk
By accessing our Programs or any Program Content in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in the Programs and/or Program Content. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything discussed on or in any Program or Program Content and you agree that you do so at your own risk.
8. No Guarantees of Results
You understand, acknowledge and agree that Bertone Integrative Mind Body Clinic makes no guarantees about the results of purchasing or taking any action, whether recommended on or in a Program and Program Content or not. Your purchase and use of any Program does not guarantee any success with respect to your mental health or otherwise.
Our Bertone Integrative Mind Body Clinic Programs are for educational and informational purposes only and are intended solely to provide users of our Programs with education and tools about their mental health and how to develop a course of action to work with their doctor(s). You recognize that any health or other outcome is the result of your own particular situation and health history, and innumerable other circumstances beyond the control and/or knowledge of Bertone Integrative Mind Body Clinic.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether customers or patients of Bertone Integrative Mind Body Clinic, users or participants of a Program or otherwise, are no guarantee that you or any other person or entity will obtain similar results.
9. No Warranties
BERTONE INTEGRATIVE MIND BODY CLINIC MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, BERTONE INTEGRATIVE MIND BODY CLINIC MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS, WILL BE AVAILABLE AT ALL TIMES.
BERTONE INTEGRATIVE MIND BODY CLINIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT. ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BERTONE INTEGRATIVE MIND BODY CLINIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT.
10. Technology Disclaimer
While the hope is that the availability and delivery of our Programs will be uninterrupted, Bertone Integrative Mind Body Clinic cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates to our website. To the fullest extent permitted by law, Bertone Integrative Mind Body Clinic is not liable to you for damages or refunds, or any other recourse, should any of the Programs become unavailable or access to them become slow due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Programs inaccessible to you.
11. Links and References to Third-Party Websites, Services and Products
Our Bertone Integrative Mind Body Clinic Programs may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program (collectively, “Third-Party Sites”). Bertone Integrative Mind Body Clinic may receive a commission if you make a purchase from or through a link provided in the Program or Program Content to a Third-Party Site; however, the Third-Party Sites are not under the control of Bertone Integrative Mind Body Clinic, and Bertone Integrative Mind Body Clinic is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third Party Sites in the Program Content are provided for your convenience only and does not imply Bertone Integrative Mind Body Clinic’s endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice, or statements in such Third-Party Sites or of their owners or any association with their operators. Because Bertone Integrative Mind Body Clinic has no control over the contents or functionality of Third-Party Sites, Bertone Integrative Mind Body Clinic is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third Party Sites and to review the terms and conditions and privacy policies of Third Party Sites to confirm that you understand and agree with those policies.
12. Limitation of Liability and Release of Claims
BY PURCHASING OR USING ANY OF OUR PROGRAMS, YOU AGREE TO RELEASE BERTONE INTEGRATIVE MIND BODY CLINIC AND ITS OWNER DR. ZACHARY BERTONE, PH.D. AND ANY OTHER PERSON ASSOCIATED WITH BERTONE INTEGRATIVE MIND BODY CLINIC INCLUDING LENA KIAN, ND (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE PROGRAMS AND PROGRAM CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, ANY PROGRAM AND PROGRAM CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
14. Governing Law and Dispute Resolution
It is hoped that you will have no dispute with Bertone Integrative Mind Body Clinic However, should a dispute arise between you and Bertone Integrative Mind Body Clinic, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Bertone Integrative Mind Body Clinic via e-mail at email@example.com in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Riverside County in the State of California, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
15. Users Outside United States
Bertone Integrative Mind Body Clinic controls and operates the Programs from offices in the United States. Bertone Integrative Mind Body Clinic does not represent that the materials on any Program are appropriate or available for use in other locations. People who choose to access a Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.