TERMS AND CONDITIONS

NOTICE: Please read these Terms and Conditions carefully.

These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions prior to purchase, use or access of any of the materials on this website including telehealth platforms, services, products, courses, and anything available to you through this website.

Acknowledgment & General Provisions

This website is owned and operated by The Crunchy Allergist LLC d/b/a Immune Confident Institute, an Ohio based online company (the “Company”).

Your access to and use of the website, and anything contained on the website, is conditioned on the acceptance of these Terms and Conditions. By continued access to the website, you continue to agree to be bound by these Terms and Conditions. If you do not agree, you must stop accessing the website.

You must be at least sixteen years of age to use the website. Use of this website is at your own risk. The Company hosts the Website on a reputable platform and takes reasonable efforts to maintain and host the site. However, the Company makes no explicit representations or warranties as to the safety or your individual use of the website.

The Terms and Conditions contained on this page are subject to change at any time. Your continued access constitutes the acceptance of any changes. By using the website, you also accept and agree to comply with the Company’s other policies, including, the privacy policy.

You are legally bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree with any of the Terms and Conditions of Use, please email the Company at [email protected] and it will make reasonable efforts to remove your name, email and access to the website.

No Medical Advice or Patient Relationship

You acknowledge and agree that the website or any accessible links owned by the Company does not and cannot provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and does not evaluate the need to seek medical attention. Although owned by a physician, the Company’s use of the Website, content, products, services, or other materials are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a disease or medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. You acknowledge and agree that by accessing and using the Website, you are not entering into a doctor-patient or provider-patient relationship with Dr. Wada or the Company. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website is solely at your own risk.

Patient vs. Coaching Relationship

Coaching, informational, and educational services are provided through the Website's general portal and educational platforms, and these services do NOT constitute medical care or create a patient-physician relationship. These services are for educational and informational purposes only.

A patient-physician relationship is formed ONLY when Dr. Wada and you have completed a formal patient intake process, you have received and acknowledged the separate HIPAA Privacy Notice, you have been formally accepted as a patient by Dr. Wada and you have received written confirmation of acceptance as a patient.

Telehealth Platform

Medical services are provided exclusively through the Telehealth Platform to new or established patients. Patients should only use the Telehealth Platform to communicate medical conditions and confidential medical information. If a patient chooses to communicate outside of the Telehealth Platform, they agree that communication is not considered confidential medical information, and they are responsible for the information they publicly share.

No Warranties

The Company makes no warranties, guarantees, or promises as to any of the informational advice on the Website, programs, products, services, or additional materials. The disclaimers on the Website are also agreed to by continuing to access the Website.

Your Product or Course Use and Consent

If you purchase a product or course from this Website, you agree that you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase and further access any purchase, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree you are at least 18 years old or of age in your applicable jurisdiction to access the purchase and agree to the conditions of its use. Access of any material purchased by a minor is a violation of use, and the Company reserves the right to terminate your access if such an issue is discovered.

Affiliates

Dr. Wada or the Website may use affiliate links to sell certain products or services. The Company disclaims any and all liability as a result of your purchase through one of these links. The Company will use reasonable efforts to notify you when and where the Company has placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

The Company may terminate or suspend your access to the website, content, or any products on the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to utilize the website, content, or any products on the website will cease immediately. It is within the Company’s sole discretion to allow any user’s access of the website, and the Company may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to site(s).

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of the Company, or the properly attributed party. It is a violation of federal law to use any of its intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should the Company choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using its intellectual property immediately.

You may NOT use the Company’s intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from the Company’s site to any third-party website including social media. The Company has spent unmeasurable amount of time and money building the intellectual property located on this site and in order to maintain the integrity of it, the Company cannot allow any third-party use.

Online Course Intellectual Property Notice

Limited License. Any and all materials, paid or free, that you access on this or any related domains that contain the Company’s products, services, or courses are under the sole ownership or licensed use of the Company.

To be clear, the Company owns its page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of its website(s), program(s), product(s), service materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials you have paid for or opted to receive. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and the Company has the right to seek damages and/or an injunction to remedy the situation until the Company is made whole.

You may:

Access the materials for your personal use
Download and/or print any materials for your personal use
Use the Company’s trademarks and copyrighted materials only with the Company’s prior written consent

You may not:

Use the Company’s Website or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Upload, post, email, or transmit content that infringes others intellectual property, threatens others, promotes violence, is pornographic or obscene, or invasive of other’s privacy interests.
Re-sell or trade your access
Share any purchased materials with anyone else who has not yet purchased it or opted in to receive it
Reprint or republish any of the information, in part or in whole
Distribute any of the materials contained in or on the Website or related materials and/or communications as your own
Reproduce or revise and reproduce any part or whole of the Website or related materials for distribution as your own work
Claim ownership or use over any of the Company’s intellectual property without prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Website (and its related communications and materials)

Request for Permission to Use Content

If you wish to use, publish or access any of the content, or related materials, You must do so by requesting permission prior to commencing use of the same by email the Company at [email protected].

Civil and Criminal Penalties

Even though some of the Company’s materials are not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions. The Company reserves the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Ohio by accessing this Website, opting into or purchasing any materials, or accessing its related communications and/or materials.

Your Materials and Contributions

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by the Company, including but not limited to third-party access sites, such as social media group(s) or online software platforms that the Company uses to distribute materials, you agree that the Company has a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that the Company may not do so with said submission. You have no right to privacy by accessing materials, and the Company reserves the right to disclose your participation in the same.

Model Release

You must own the copyright to any image(s) that you use or share to the Website or with the Company’s programs. You grant a license to any image(s) you submit to by default, such as a social media profile photo or other profile image you voluntarily provide in accessing the Website or materials, or voluntarily upon request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.

Notification of Use

The Company is not obligated to notify you or anyone in photographs of publication or other use of any image or images you submit by default or voluntarily.

Security and Assumption of Risk

Security

It is your responsibility to secure your personal information from theft or any other means of unauthorized use that would violate these Terms and Conditions. The Company does not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe. By utilizing these payment processors to gain access to any materials on the Website or with the Company, you agree to indemnify the Company and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Confidentiality

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement (patient relationship) or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption of Risk

By accessing the Company’s Website and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.

Your Communications

Any communications made through the contact, blog, blog comments, newsletter sign up or other related pages, or directly to phones or mailing or email addresses is not confidential and is subject to viewing and distribution by third parties. The Company owns any and all communications displayed on this Website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how the Company stores and uses your communications or any data provided by you in those communications, please refer to the Privacy Policy.

The Company maintains a right to republish any submission in whole or in part as reasonably necessary in the course of the business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Errors and Omissions

The Company makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on the Website. The Company is not liable for any inaccuracies, errors or reliance on personal opinions contained in Website or related material(s).

Indemnification

You agree at all times to indemnify and hold harmless the Company, as well as any of the Company’s affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Website, programs, or included materials.

Limitation of Liability

The Company will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to the Website. The Company does not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of the Website and related material(s).

Entire Agreement

Before you continue to access the Website or make any purchases therefrom, you will be asked to consent to the Company’s Data Privacy Policy and Disclaimers. If you have consented, or once you do consent, the terms of the Privacy Policy and Disclaimers together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and the Company relating to the use of this Website.

Severability

If any part of these Terms and Condition, Data Privacy Policy, or Disclaimers is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These Terms and Condition, Data Privacy Policy, or Disclaimers are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Ohio, United States.

Consent

By using the Company’s Website, you hereby consent to the Terms and Condition, Data Privacy Policy, and Disclaimers.

All rights not expressly granted in these Terms and Conditions or any express written here, are reserved by the Company.

Contact

If you require any more information or have any questions about Terms and Condition, Privacy Policy, or Disclaimers, please feel free to contact the Company by email at [email protected].