Terms of Use

These Terms of Use are the agreement (“Agreement”) between The Plantrician Project and you setting forth the legally binding terms for using this website located at www.plantbaseddocs.com (the “Site”) and for using certain services and resources offered through the Site that are described separately in various sections of the site (the “Services”).  By accessing or using the Site or any of the Services, you represent that you have read, understand,  and agree to all provisions of the Agreement. You may not access or use the Site or Services or accept this Agreement if you are not at least 18 years old. If you do not agree with or do not meet the requirements of any of  the provisions of this Agreement, do not access and/or use the Site or Services.

The Site is a copyrighted work belonging to The Plantrician Project ( “TPP”, “Company”, “us”,  or “we”). The Company conducts educational conferences and provides resources, including but not limited to this Site, that promote the benefits of a plant-based diet in preventing, controlling and even reversing chronic disease.

Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted from time to time on the Site or Services platform in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

We call a healthcare provider who has met the Plant Based Docs provider qualifications  a “Member” or “you”. We call general public visitors to the Site who utilize the directory  user, or “you.” 

  1. Plant Based Docs Directory

To aid the general public in locating healthcare providers who incorporate education on a plant based diet in their healthcare practice, the Company has designed and maintains the Plant Based Docs directory (the “Directory”) on this Site. This searchable Directory is generated by individual plant based healthcare providers entering information about themselves and their practice into a form and such information then being displayed in the Directory.

Plant based healthcare providers who demonstrate evidence-based training and/or experience in utilizing plant based nutrition in treatment and prevention of disease, fill out the Member information form through the Site, pay any applicable fees, and sign a pledge to practice plant based lifestyle medicine are listed.  This directory is not in any way intended to be a recommendation or endorsement of the qualifications, character or competency of the providers and/or the methods that these providers use for diagnosis and/or treatment. The Company is not responsible for reviewing or verifying the accuracy of the submitted information.

No referral relationship exists between or among the Company and any of the healthcare providers listed in the Directory. Search results generated by the Directory are based on user-generated search criteria, such as location and specialty, and where applicable, based on additional fees paid by the health care provider to have their listing identified and presented in search results as featured in the Directory. Featured providers shall be clearly marked as such.

  1. Healthcare Provider Representations.

On behalf of yourself or the entity that you represent, you represent and warrant the following: you are at least 18 years of age, the information you submit to the Directory relates to you and not to any other individual, the information you submit on the Site is truthful, accurate, and current, and you own or otherwise control all of the necessary rights to the material you submit including, without limitation, all rights and authority necessary to provide, post, publish, upload, input, or submit the material on the Site. You acknowledge that you are  bound by the Site’s Terms of Use,  as they may be amended from time to time with or without notice to you.  It is your responsibility to check the Site for updates to these Terms of Use on a regular basis. Company may suspend or terminate your Membership in accordance with Section 15.

  1. User-Generated Content

The Company does not claim ownership of content that you post on or through the Sites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by this Agreement and the Site Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by posting, uploading, inputting, providing or submitting the User-Generated Content, you hereby grant to the Company and its sublicensees a perpetual, non-exclusive, unrestricted, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, publicly perform, distribute, transmit, modify, translate, reformat,  and create derivative works of the User-Generated Content and to publish your name in connection with your submission, subject to the Company’s Privacy Policy. You agree that you will not submit to Company any information, ideas, or material that may be confidential or proprietary.

  1. No Employment Relationship

Unless otherwise provided in an employment agreement executed between you and the Company, you are not an employee of the Plantrician Project and shall not hold yourself out as an employee or representative of the Company.

  1. Privacy

You will not submit to the Directory or Site or otherwise use or attempt to use the Directory or Site to disclose any protected health information, as defined by the Health Insurance Portability and Accountability Act. The Company maintains personal and usage information in accordance with the Company’s Privacy Policy .  For information about how we use and protect your personal information, please read our Privacy Policy which is incorporated into and made a part of these Terms of Use. You agree to our Privacy Policy, as it may be amended from time to time.

  1. Healthcare Provider Listing and Site Membership

6.1 New Members. By registering for a Member account on the Site and paying applicable fees, each qualified healthcare provider becomes a “Member” and will have a directory listing, access to certain password-restricted areas of the Site, and access to certain Services and materials (which may have an additional fee). Your Membership and the rights and privileges provided to you as a Member are personal and non-transferable. All sales and payments of Membership fees will be in US Dollars.

6.2 Personal Login Information. Certain features and areas of the Sites are available only with registration, login and/or a paid Membership. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you agree that you will not allow any third party to use it under any circumstances. The Company is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the Company immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

6.3  PAYMENT TERMS.  Upon registering for a Membership, you agree to pay the then-current applicable annual Membership fee listed on the Site at www.plantbaseddocs.com unless provided otherwise in a special offer to you. We will charge you for your first Membership fee on the date that we process your request for your Membership. Once you are charged the first Membership fee, you will receive a confirmation email notifying you of your ability to access those Membership-only portions of the Site.

If you sign up for a Membership that provides for a discounted fee, the discount only applies for the Membership period specified in the discount offer or for the initial Membership year if no discount period is mentioned. Thereafter, the Membership and fee are as set forth in section 6.4 below.

You hereby authorize Company to bill your credit card as described in Section 6.3 and 6.4. If any fee cannot be charged to your credit card for any reason, the Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within five (5) days after receiving such notice of non-payment, then Company may terminate your Membership and remove your published profile from the Site.

6.4 AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to you, Memberships are for a one month or one-year period and Membership fees automatically renew at the end of each Membership period. Upon the expiration of each Membership period, Company will automatically charge your credit card on record for the monthly or annual Membership fee then in effect for the coming month or year unless you have cancelled your Membership prior to the expiration of your existing Membership period. You agree that your membership will automatically renew at the non-discounted Membership fee existing at the time of renewal and at each renewal date thereafter until you cancel at any time by emailing  or calling 561-810-6713  You authorize Company to charge your card now and upon each renewal and acknowledge that a cancellation will be effective on the next renewal date of your Membership following your notice of cancellation.

The Company reserves the right to modify pricing at any time (but not the price in effect for your then-current Membership term), upon advance notice to you. If you have not cancelled your Membership or turned off the auto-renew function within the specified time after receiving notice of a price change, your Membership will auto-renew at the price indicated in your notice.

The Company does not provide price protection or refunds in the event of promotions or price decreases. The Company may offer promotional, discount, or other limited term offers. Such offers are subject to these Terms and may be subject to additional terms disclosed at the time of the offer. In the event of a conflict between these Terms and the terms of such an offer, the offer-specific terms govern with respect to such offers.

6.5 Cancellations and Refunds.

General: You may cancel your Membership subscription at any time by emailing or calling 561-810-6713. Except as provided below, your cancellation will be effective on the next annual renewal date of your Membership. Except as provided below, you will not be refunded for any Membership fees charged prior to the effective date of cancellation. You will not be eligible for a pro-rated refund of any portion of the Membership fees paid for any unused days of the then-current term. If you cancel your Membership, you may enjoy your Member benefits until the expiration of your then-current Membership term for which you have paid. Your Membership benefits will terminate at the end of the paid Membership period.

3-Day Refund Period: You may cancel your Membership without any penalty or obligation if notice of cancellation is given within 3 business days from the date of purchase. To cancel and receive a refund within the 3-Day Refund Period, contact us by email or by phone at 561-810-6713. Your cancellation will be effective immediately, and a refund will be issued within 10 business days.

Should a new member profile not meet the criteria for being listed in the Plant Based Docs  Directory,  your Membership listing fee will be refunded by Company within 10 days of your request after you receive notice that you do not meet the criteria for being listed in the Directory. If the Company terminates publication of your profile after it has been listed, there is no refund of the Membership listing fee.

7. Membership Profile

Company reserves the right to refuse to publish or terminate publication of member profiles for any reason.

8. Site

8.1 License.

A. Non-member Users. Subject to the terms of this Agreement, Company grants non-member users a non-transferable, non-exclusive, revocable, limited license to use the Directory on the Site for your personal, noncommercial use to identify or locate health care practitioners who may be knowledgeable in incorporating plant based nutrition in the treatment of health conditions.

B. Members. Subject to the terms of this Agreement, Company grants you a non-transferable, nonexclusive, revocable, limited license to display certain basic information about you and your practice, as determined by Company to aid potential patients in finding a healthcare practitioner of their choosing who is knowledgeable in utilizing plant based nutrition in treating and preventing diseases. You may have additional limited rights to utilize certain Services that are separately described in any purchase agreement you enter for those Services.

8.2 Certain License Restrictions. Except as specifically allowed in Company’s Terms of Use, you agree that you will not use the content on the Site or any functionality of the Site for any other purpose. The license and any other rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host,  or otherwise commercially exploit the Site, its content or the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, its content or the Services; (c) you shall not access the Site or Services in order to build a similar or competitive service or website with similar functionality;  (d) except as expressly stated in the Terms of Use, you shall not copy, reproduce, distribute, republish, download, display, post or transmit  any part of the Site, its content, or the Services in any form or by any means; and (e)  if you copy or otherwise share any content on the Site or Services as allowed herein, you will include Company’s copyright notice and other proprietary notices shown on any Site or Services content.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. 

8.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except as may be expressly set forth in Section 14.

8.4 No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

8.5 Ownership. Except as specifically provided in this Agreement, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets to information and materials on the Site are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its affiliates reserve all rights not specifically granted in this Agreement.

9. Patient Information.

The Sites, including any link which Members may access via the Sites, may contain confidential patient information (“Patient Information”). State and federal laws and ethical and licensure requirements may impose obligations with respect to patient confidentiality that may limit Members’ ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. All Members warrant that you will comply with all laws and requirements that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. Each Member is solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. Each Member shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.

10. Indemnity.

You agree to indemnify and hold Company (including its officers, employees, and agents) harmless from any claim, action, liability, settlement, loss, cost and/or expense including without limitation expenses of litigation and attorneys’ fees, arising out of or alleged to result from (i) your use of the Site,  (ii) any content you post or provide to be posted, (iii) your use of or reliance on any content provided by Members or Users, (iv) your violation of this Agreement, or (v) your violation of applicable laws or regulations, or (vi) your  conduct in any way connected to this Agreement or in treating individuals who came to you after seeing your listing in the Directory. Company reserves the right, at your expense, to assume the defense of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter involving the Site or Company without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Third Party Sites & Ads.

The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company, and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

12. General Release.

You hereby release and forever discharge Company (and our officers, directors, employees, agents, successors, licensors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of Third Party Sites & Ads and other Site or Service users, including but not limited to acts or omissions of healthcare providers listed on the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

13. Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR CONTRIBUTORS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR CONTENT PROVIDERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

All content is provided for informational purposes only and is not intended as, and should not be construed to be medical or consulting advice.

  1. Limitation on Liability

IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, DIRECTORS, AGENTS, LICENSORS,  ASSIGNS OR CONTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR CONTRIBUTORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.  You must bring any claims arising in connection with the Site within one (1) year of the date of the event giving rise to such claim. Remedies set forth in this Agreement are exclusive and are limited to those expressly provided.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR LIABILITY IN THOSE STATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THEIR APPLICABLE LAW.

15. Term and Termination.

Subject to this Section, this Agreement will remain in full force and effect whenever you use the Site or Services or are a Member of the Site. We may (a) suspend your rights to use the Site and/or Services and license or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Member Account, if any, and any right to access and use the Site and Services will terminate immediately. You understand that any termination of your Member Account involves deletion of your listing from the directory. Company will not have any liability whatsoever to you for any termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 8 through 16.

16. General

16.1 Changes to Terms of Use. This Agreement is subject to occasional revision.

A. For non-member users, your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

B. For Members, if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services or allowing your listing to remain on the Site following notice of such changes shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes.

16.2 Dispute Resolution.

Contact Company First. If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with the Company regarding our Site or Services by emailing before filing any claim or action against us.

Governing Law,  This Agreement shall be governed by the laws of the State of Missouri without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.

Arbitration, Venue, Jurisdiction.  Any controversy or claim (“Claim”) you have arising out of or relating to this Agreement, any Terms of Use, the Site or Services shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in St. Louis, Missouri. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitrator’s award shall be final and binding. The courts of the State of Missouri and/or the United States District Court for the Eastern District of Missouri shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award,  (b) any claim that arbitration is not permitted by law, or ( c) if arbitration is not permitted, then any Claim you have arising out of or relating to the Agreement, any Terms of Use, the Site or Services. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. Company reserves all rights and remedies available to it in law or equity. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

Improperly Filed Claims. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Company may recover reasonably incurred attorneys’ fees and costs caused by such improper filing provided that Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.

16.3 Entire Agreement.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

16.4 Copyright/Trademark Information.

Copyright © 2020, The Plantrician Project. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

16.5 Contact Information:

The Plantrician Project

PO Box 741596

Boynton Beach, FL 33474

(561) 810-6713

Contact via Email 

 

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