Terms of Service

https://www.inclusivehealers.com/ 

Last Updated: September 15, 2023

Welcome to InclusiveHealers.com.   Inclusive Healers of the Heartland, Inc. provides a collection of tools and resources to provide multicultural continuing education for health professionals,  including, but not limited to, an education and training courses subscription and a provider directory centering diverse healers (the “Services”).  The following are the terms and conditions for use of the Services by the person or persons accessing this web site (the “Customer”, “you”, your”). Please read these Terms of Service (“Terms”) carefully before using this website operated by Inclusive Healers of the Heartland, Inc. (“us”, “We”, “IHHI”, “our”). 

Your access to and use of the website and Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access this site or use the products or services offered by IHHI. 

BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE “ACCEPTING” AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY AND ANY USE OR OTHER AGREEMENT(S) FOR THE SERVICES OR PRODUCTS OFFERED.

Wherever used in these Terms of Service, “You”, “Your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services.  If You are accessing, using, and/or ordering and making charges for the Services on behalf of a company or organization (such as Your employer) or other legal entity, You will be binding such entity and You represent and warrant that You have the authority to bind that company or other legal entity to these Terms of Service.

We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including, but not limited to, the scope of services and fees and charges associated with the use of the Services. If We do so, We will post the modified Terms of Service on this site, though We will notify You of any changes that, in our sole discretion, materially impact these Terms of Service.  Continued use of the Services after any changes have been made shall constitute Your consent to such changes. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at www.inclusivehealers.com. When We change these Terms of Service, We will modify the “Last Updated” date above.

CHILDREN.  The Services are not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES OR ATTEMPT TO SET UP AN ACCOUNT AT ANY TIME OR IN ANY MANNER.  By using the Services, You affirm that You are at least 18 years of age.  IHHI does not seek through the Services to gather personal information from or about children under the age of 13.

REGISTRATION.  To use certain Services, You will need to register and obtain an account and password.  When You register, the information You provide to IHHI during the registration process will help IHHI in offering content, customer service, and other services and are subject to the terms of the Privacy Policy.   You are solely responsible for maintaining the confidentiality of Your account, Username, and password (collectively, “Your” Account, aka “My Account”) and for all activities associated with or occurring under Your Account.  You represent and warrant that Your Account information will be accurate at all times.  You must notify IHHI (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services.  To the extent permissible under applicable law, We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying IHHI of unauthorized access to Your Account.

 You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the Account holder.  In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.

LICENSE AGREEMENT.  As part of Your agreement for IHHI (“Licensor”) Services, You (“Licensee”) are being granted certain rights to view and participate in the copyrighted programs of instruction for continuing education along with the listing of diverse providers.

1. Grant of Rights. Licensor grants a non-exclusive nontransferable perpetual license to Licensee to display and view its copyrighted programs of continuing education instruction and its listing of diverse providers.  The continuing education instruction programs may be viewed and any documents such as educational content, outlines, charts, documents, articles, certificates, linked and any other materials that are provided for download and use may be viewed and used as intended under rights granted here.  While You have the right to view, use, and work with the material, You cannot alter, duplicate, reproduce, modify, do screen recordings, use in connection with goods, sell, make derivative works or make any other use of the copyright courses of instruction and other intellectual property or the Provider Directory as intended under its terms.

 2.  No Right to Sublicense or Assign.  Licensee does not have the right to sublicense or assign the rights granted to Licensee under this Agreement.

INTELLECTUAL PROPERTY RIGHTS.  As between You and IHHI, IHHI retains all right, title, and interest in and to the Services and copyright rights to the Services and all content, including continuing education classes, provider directory, and any other products, subscriptions, and services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of IHHI’s rights or interests therein or any other IHHI intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by IHHI. You may from time to time provide suggestions, comments, or other feedback to IHHI with respect to the Services (“Feedback”). Feedback, even if designated as confidential by You, shall not create any confidentiality obligation for IHHI notwithstanding anything else. You shall, and hereby do, grant to IHHI a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

PAYMENT.  Customer payment is due upon order purchase and completion.  Payment will be processed by credit or debit card.  Payment is necessary as completion of enrollment to utilize Services and prior to access of any content.  We use ______________ to process credit card payments.  For paid Services and/or Subscriptions purchased online, You must provide IHHI with a valid credit card to pay for such services.  

The Services will normally be purchased as a yearly subscription, though at times the Services or other offers may be available as a one-time purchase. You agree that IHHI has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms IHHI retains in the future) Your submitted payment information in order to process Your purchase. Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. IHHI does not support all payment methods, currencies, or locations for payment. If the payment method You use with us, such as a credit card, reaches its expiration date and You do not edit Your payment method information or cancel Your account, You remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information You provide us at the time of purchase.

1. Annual Subscription Services; Auto-renewal and Cancellation. You are purchasing Online Services on an annual subscription basis, which will automatically renew at the end of its applicable term. Annual subscriptions are billed in advance on a yearly basis and are non-refundable for the subscription period they are purchased for. 

2. Individual Course Purchases. IHHI will also make online courses available for purchase on an individual course basis.  IHHI does not guarantee that the courses will be available for more than 12 months from the date of purchase.  Due to the nature of the subjects, any updated course provided by IHHI within the 12 month period from purchase that is intended to be a substitute for the course you purchased, will be the course you have the right to by your purchase. 

3. Authorization for Processing Credit Card. You agree that IHHI may process Your credit card or other valid payment method on each annual, or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day You subscribed to Online Services. If Your paid subscription to Online Services began on a day not contained in a subsequent month (e.g., Your service began on January 30 and there is no February 30), We will process Your payment on the last day of such month. You may elect to cancel at any time on Your online dashboard. 

4. Taxes and Withholdings. You are responsible for paying all taxes associated with Your purchase and use of Services.

TERM AND TERMINATION.  The term of this license agreement is based on the term of Your subscription, which lasts for a minimum of one year.  The annual subscription begins when You sign up and make payment as Your use of website includes Your agreement to license terms and conditions, and ends when You terminate the subscription. Subscription can be canceled by you at any time but the cancellation will only be effective as to the next yearly renewal and no full or partial refunds are provided for unused portions of the year.  IHHI can cancel your Subscription at any time for behavior inconsistent with these terms of service or any other misconduct or actions inconsistent with other established policies and guidelines of IHHI.  The license is in effect for the term of Your annual subscription.  Upon termination of Your annual subscription, all rights to access educational content, courses, and provider directory are terminated.

IHHI reserves the right to terminate, suspend, modify, or delete, at its sole discretion, any (a) Services or Content; and (b) Your access to Services or Your Account, as follows: 1) If You breach or violate any of these Terms or any of IHHI’s applicable policies, as posted on IHHI Services from time to time, IHHI may take action immediately without prior notice to You.  If IHHI takes action pursuant to this section, IHHI shall not have any liability to You for any use of IHHI Services associated with Your Account.  For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to IHHI Services; 2) IHHI may also take action to terminate Your Account and any access to Services for any reason or no reason in its sole discretion, in which case IHHI will provide prior notice to You.

LINKS TO OTHER WEBSITES.  Our Service may contain links to third-party web sites or services that are not owned or controlled by IHHI. IHHI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that IHHI 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 web sites or services. 

FAIR USE POLICY.  IHHI may suspend Your access to the Services for abusive practices that degrade the performance of the Services for You and/or other customers of IHHI.

NON-EXCLUSIVITY.  You acknowledge that the rights granted to You under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict IHHI’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.

INDEMNIFICATION.  You agree to indemnify, defend, and hold harmless IHHI from any and all claims, liabilities, expenses, and damages, including without limitation, interest, penalties, court costs, attorney’s fees and expenses made or pursued by any third party related to, resulting from, or arising out of: (i) the content of the course(s) (“Course Contents”); (ii) the content or information in the Provider Directory and actions of those listed in the directory; (iii) Your use or attempted use of the Services in violation of these Terms; (iii) Your violation of any law or rights of any third party; or (iv) the breach by You of any of the terms and conditions of the Agreement.  Your obligations under this paragraph shall survive the termination of the Agreement.

NOTICE.  By using these Services or communicating with IHHI, You agree that IHHI may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms.  If IHHI learns of a security system’s breach, IHHI may attempt to notify You electronically by posting a notice through the Services or sending an email to You.  You may have a legal right to receive this notice in writing.  To withdraw Your consent from receiving electronic notice, please write to IHHI at Info@Inclusivehealers.com .  Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, IHHI may give You legal notice by mail to a postal address, if provided by You and postal notice is requested, through Your use of the Services.  In such case, notice will be deemed given three days after the date of mailing.

DISCLAIMERS.  THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  IHHI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OR DEALING OR USAGE OF TRADE.  IHHI FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT.  YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IHHI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN IHHI, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.  IN NO EVENT SHALL IHHI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY IHHI FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND IHHI, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO IHHI’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

NATURE OF RELATIONSHIP.  No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.

FORCE MAJEURE.  Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.

JURISDICTION & GOVERNING LAW; RESOLUTION OF CLAIMS AND DISPUTES.  This website is owned and operated from offices located in Omaha, Nebraska.  Regardless of the place of execution, this Agreement shall be deemed to be an agreement made in Omaha, NE, fully performed in Omaha, NE, and the laws of the State of Nebraska shall govern this agreement without regard to the principles of conflicts of laws.  Customer expressly waives any presumption or rule, if any, which requires this Agreement to be construed against IHHI.  Any claims or disputes arising from or related to this Agreement shall be settled by mediation and, if necessary, final and legally binding arbitration in Omaha, NE in accordance with the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties.  The arbitrator’s award shall be final, and judgment may be entered in any court otherwise having jurisdiction.  The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce any mandatory arbitration provision of this Agreement or to enforce an arbitration decision.

GENERAL TERMS.  If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.  In lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable, if possible, and such provision shall be applied.  The provisions of this Agreement shall apply to, bind and inure to the benefit of IHHI and Customer and their respective successors, legal representatives, or assigns.

NOTICE FOR CALIFORNIA USERS.  Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

STATUTE OF LIMITATIONS.  Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary.  In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.

 

OUR ADDRESS:

Customer Service
Inclusive Healers of the Heartland, Inc.
1941 S. 42nd St Ste 542
Omaha, NE 68105
Info@InclusiveHealers.com