Legal Policies

Terms of Use

NMD Wellness of Scottsdale (also referred to as "NMD Wellness") is a concierge integrative medicine practice offering naturopathic medical care, including telehealth services, to patients in Arizona and California. Our website is available at www.nmdwellnessofscottsdale.com (the "Website"). NMD Wellness of Scottsdale and its affiliates ("we," "us," or "our") grant you access to the Website subject to these terms (the "Terms of Use"). By using the Website, you agree to these Terms of Use. Please immediately stop use of the Website if you do not agree to these terms. These Terms of Use also include our Privacy Policy and Website Disclaimer, which appear on this page.

Medical Disclaimer; No Provider-Patient Relationship.

The content on the Website, including articles, videos, webinars, downloads, and email newsletters, is provided for general educational and informational purposes only. It is not medical advice and is not a substitute for individualized diagnosis or treatment from a qualified healthcare provider. Your use of the Website, attendance at a free webinar or event, receipt of our newsletters, or communication with us through the Website does not create a provider-patient relationship. A provider-patient relationship is established only after you have completed our new patient intake and onboarding process, signed our program agreement and consent documents, and been accepted as a patient. Always consult your own healthcare provider before making changes to your medications, supplements, diet, or exercise routine, and never disregard or delay seeking professional medical advice because of something you read on the Website. Individual results vary, and testimonials or patient stories shared on the Website do not guarantee any particular outcome.

Medical Emergencies.

The Website and any communication tools linked to it are not monitored in real time and are not intended for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.

Telehealth Services and Licensure.

Our clinical services are provided only to individuals physically located in states where our providers hold an active license, currently Arizona and California. Telehealth services are subject to the laws of the state where you are physically located at the time of your visit, and the scope of services available may vary by state. Access to the Website from another state or country does not mean our services are available to you there.

Conditions to Use the Website.

Your permission to use the Website is conditioned on your agreement that you:

• Are at least 18 years old;
• Will comply with these Terms of Use;
• Refrain from any of the acts listed in the Prohibited Conduct section of these Terms of Use;
• Will not copy or distribute any part of the Website in any form without our written consent;
• Will provide accurate information when creating accounts or registering for the Website;
• Will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users;
• Have ownership and sole responsibility for any content provided by you on the Website or to us;
• Agree we have the right to remove any and/or all of your content and terminate your account with or without notice.

Prohibited Conduct.

By using the Website, you agree not to:

• Conduct or promote illegal activities;
• Attempt to reverse engineer or obtain the code of the Website software (including tools, methods, processes, and infrastructure);
• Attempt to gain access to secured portions of the Website;
• Engage in the automated use of the system, such as the use of data mining robots, or any manual process to harvest information from the Website;
• Hack into the accounts/profiles of other users;
• Infringe upon the copyright of us or third parties whose content is hosted on the Website;
• Share your account/profile information with any third parties;
• Use the Website to generate spam;
• Use our services as part of any effort to compete with us;
• Interfere in any way with the functioning of the Website.

Your Account/Profile.

You may be required to create an account and/or profile to access certain content on the Website. You agree only to provide truthful and accurate information, and keep it up to date. If your privilege to use the Website is at any time terminated by us, you may not use the Website under any new or alternative account. Sharing your account login is prohibited and will result in your access being terminated. You are solely responsible for any and all access to the Website via your account login. If you believe your login has been compromised, notify us immediately by one of the methods listed in the Contact section of these Terms of Use.

Your Content.

By providing any form of content to us or through the Website, you expressly agree that we may use that content, referred to as "User Generated Content" or "UGC." UGC may include images, videos, pictures, comments, posts, files, or anything else provided by you. If any UGC violates these terms we may remove it, terminate user accounts, or take other actions. We are not responsible for any harm to you caused by other users' UGC. You agree not to post or use any UGC in any way that:

• Infringes the copyright, trademark, or other intellectual property or proprietary rights of third parties;
• Violates the privacy, publicity, or other rights of third parties;
• Is unlawful, untrue, inaccurate, defamatory, discriminatory, pornographic, abusive, threatening, harassing, hateful, encourages criminal conduct, or may give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion;
• Could damage our company, representatives, affiliates, advertisers, or other parties.

Health Information and Website Communications.

Please do not submit personal health information, such as symptoms, diagnoses, medications, or lab results, through general Website contact forms, newsletter sign-up forms, comments, or regular email. Established patients should use our secure patient portal to communicate about their care. Information you voluntarily submit through the Website is handled as described in our Privacy Policy.

Email and Text Message Communications.

If you opt in to receive marketing emails or text messages from us, you consent to receive recurring communications about our services, educational content, events, and promotions. Consent is not a condition of purchasing any service. You may unsubscribe from emails at any time using the link in any email, and you may opt out of text messages at any time by replying STOP. Message and data rates may apply, and message frequency varies. Marketing communications are separate from communications related to your care, which are provided through our secure patient portal and patient messaging systems. See our SMS Terms and Conditions for details.

Products or Services.

The following terms in these Terms of Use are applicable to those who make any purchase through the Website.

1. Product/Service Descriptions. It is our intention and efforts to put accurate product information, descriptions, and images on the Website. However, it is your responsibility to fully vet any product or service prior to purchase. We are not responsible for any mistakes, omissions, or inferences made from product or service descriptions. Descriptions may be changed by us at any time without notice.
2. Prices. Prices for our products and services may change at any time without notice. We are under no obligation to honor a previously posted price for a purchase. Prices for delivery (if applicable) and/or tax (if required by law) are not included in the price and will be charged to the purchaser at the time of purchase. Payment is due upon placing an order unless alternative payment arrangements are agreed in writing. Acceptable payment methods are disclosed on the checkout page.
3. Modifications. We may modify or discontinue any product or service without notice at any time.
4. Discretion. We reserve the right to refuse a sale to anyone at our sole discretion.
5. Clinical Programs. Our clinical programs and memberships are also governed by a separate program agreement and informed consent, which you must sign before services begin. If there is any conflict between these Terms of Use and your signed program agreement, the program agreement controls with respect to your clinical services.

Promotions, Sweepstakes, and Other Contests.

We may offer special promotions, contests, and/or sweepstakes intended to provide you an incentive to use, engage with, or promote the Website and/or purchase our products or services. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest, or sweepstakes in our sole discretion, and you agree to our interpretation.

General Maintenance.

We may make the Website unavailable for periods of time for general maintenance, or for any reason we deem appropriate. We make no guarantee as to a length of time the Website may be unavailable. We are not liable to you for any issue that may arise from the Website's unavailability.

Termination.

We may alter or discontinue the Website or any of the services provided at any time without notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of these Terms of Use. A termination will result in the immediate removal of access to the Website. The Disclaimers of Warranty and Limitation of Liability, and all terms and conditions related to your content, and Indemnity sections will survive the termination.

Indemnity.

You agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees, agents, affiliates, and related companies from and against any and all claims, damages, obligations, losses, liabilities, and/or costs (including reasonable attorney's fees) arising from (i) your violation of any term of these Terms of Use; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

Intellectual Property.

All content on the Website provided by us is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Website. We, or anyone we obtained a license from, retain ownership of all intellectual property rights of all kinds associated with the Website, including trademarks, copyrights, and other rights such as trade secrets. Through the use of this Website and these Terms of Use, you are not in any way licensed any intellectual property rights described here or that may exist. We reserve all rights that are not specifically granted to you in writing. We retain, to the maximum extent possible, all ownership of all the text, software, scripts, graphics, photos, sounds, features, and the trademarks, service marks, and logos contained on the Website ("Marks"). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the laws of our respective jurisdictions, and international laws.

You retain intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. By posting UGC, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, full license, to use said UGC in any and every way we choose.

Copyright Notice.

If you believe the Website in any way has infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to us by the method listed in the Contact section below, with the subject line "Copyright Notice."

Entire Agreement.

These Terms of Use, as well as the Privacy Policy and Website Disclaimer, constitute the entire agreement of the parties with respect to the Website. No waiver by either party of any breach or default will be a waiver of these Terms, or any preceding or subsequent breach or default. There are no third-party beneficiaries of these Terms of Use. They are not assignable, and any attempt to do so will be invalid.

Choice of Law.

To the maximum extent authorized by law, the laws of the State of Arizona govern the interpretation of these Terms of Use and any disputes arising in connection with it, regardless of conflict of laws principles.

Dispute Resolution.

Any claim or dispute between you and us, our officers, directors, agents, parent companies, and vendors that arises out of or relates to this Agreement or use of the Website will be decided exclusively by a court of competent jurisdiction located in Arizona. The prevailing party shall pay its fees and litigation expenses.

Headings.

The section headings used in these Terms are for convenience only and shall be of no legal force or effect.

Severability.

If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, it will not affect the enforceability of any other provisions in these Terms of Use, and the remaining portions of these Terms of Use will continue in full force and effect.

Contact.

NMD Wellness of Scottsdale is located in Scottsdale, Arizona, and provides services to patients in Arizona and California. If you have questions about these Terms of Use, you may contact NMD Wellness of Scottsdale by email at info@nmdwellnessofscottsdale.com.

Changes to Terms of Use.

We may modify any of these Terms and/or our Privacy Policy and Website Disclaimer at any time at our sole discretion. We will notify you of such change by posting the modified Terms or Policy on the Website. We have no obligation to send you any other form of notice. Any changes to these Terms of Use, our Privacy Policy, or our Website Disclaimer will be effective immediately when posted on our Website. We suggest you visit and review this section of our Website from time to time to stay up to date with our Terms and Policies. Your use of the Website will be deemed as your acceptance of these terms.

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Website Disclaimer

Educational Purposes Only.

All information on the Website, in our webinars, downloads, online course, emails, and social media is provided for general educational and informational purposes only. It is not medical advice, and it does not create a provider-patient relationship. Please review the Medical Disclaimer and Medical Emergencies sections of our Terms of Use.

No Guarantee of Results.

Every person's health history and body are different. Any testimonials, patient stories, or examples shared on the Website reflect individual experiences and are not a promise or guarantee that you will achieve the same or similar results.

Accuracy of Information.

We work to keep the information on the Website accurate and current, but health research and clinical guidance change over time. We make no representation that the content on the Website is complete, current, or error-free, and we may update it at any time without notice.

Third-Party Content and Links.

The Website may reference or link to third-party websites, products, or resources for your convenience. We do not control and are not responsible for third-party content, products, or practices, and a link does not mean we endorse them.

Disclaimer of Warranties and Limitation of Liability.

The Website and its content are provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by law, NMD Wellness of Scottsdale, its owners, providers, employees, and contractors will not be liable for any direct, indirect, incidental, consequential, or other damages arising from your use of, or inability to use, the Website or its content, or from any decisions or actions you take based on information found on the Website.

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Privacy Policy

This Privacy Policy explains how NMD Wellness of Scottsdale ("we," "us," or "our") collects, uses, and shares personal information when you visit www.nmdwellnessofscottsdale.com (the "Website"), sign up for our emails or text messages, register for our webinars, or make a purchase from us online.

NMD Wellness of Scottsdale is located in the United States and is subject to United States laws. If you are outside of the United States, your use of the Website constitutes consent to the transmission of personal information to the United States. If your use of the Website is against the laws of your jurisdiction, it is your responsibility to refrain from using the Website.

Website Information and Patient Health Information.

This Privacy Policy covers information collected through the Website and our marketing communications. It does not govern medical records or health information you provide as a patient through our secure patient portal and electronic health record system. That information is protected under applicable federal and state medical privacy laws and the privacy documents provided to you during patient onboarding. Please do not submit health information through general Website forms, newsletter sign-ups, or regular email.

What information do we collect and how do we collect it?

Information you provide. When you sign up for our newsletter or a free resource, register for a webinar, complete a form or survey, request a discovery call, or make a purchase, we may collect your name, email address, phone number, mailing address, state of residence, and any other information you choose to submit.

Payment information. Purchases are processed by our third-party payment processor. We do not store your full credit or debit card information in our databases.

Automatic collection. When you visit the Website, certain information is collected automatically through cookies and similar technologies, including your IP address, browser and device information, pages viewed, links clicked, and the website that referred you.

You may choose not to provide some of the personal information described above. Please note, however, that many of our services require some personal information to operate, so if you choose not to provide the information necessary to provide a particular service or feature, you may not be able to use that service or feature. You may also contact us at any time using the information at the bottom of this policy to withdraw your consent for us to use your information. Otherwise, we keep your information until the earlier of your request that it be deleted or the point at which we no longer need it, at which time we will delete it, unless we are required by law to keep it longer.

How will we use your information?

We use the information we collect to:

• Process your orders and provide access to purchased online courses and resources;
• Respond to your questions and schedule complimentary discovery calls;
• Send you newsletters, educational content, and information about our services when you have opted in;
• Send text messages when you have opted in, as described in our SMS Terms and Conditions;
• Understand how visitors use the Website so we can improve it;
• Measure and deliver our advertising, as described in the cookies section below;
• Comply with legal obligations and protect our rights.

How do we share your information?

We do not sell your personal information for money. We share personal information only as follows:

• Service providers. With companies that help us operate our business, such as website hosting and customer relationship management platforms, email and text messaging platforms, payment processors, scheduling tools, and analytics providers. These providers may use your information only to perform services for us.
• Advertising platforms. Website activity collected through cookies and tracking tools such as Meta Pixel is shared with advertising platforms as described in the cookies section below.
• Legal requirements. As required by law, or for the purpose of prosecuting or defending a legal action, and only to that extent.

We do not share your text message opt-in data or phone number with third parties for their marketing purposes.

How do we protect your information?

Your privacy and security are very important to us. We use commercially accepted means of security and safeguards to protect the information we collect, including SSL encryption for payment transactions and cyber protection software. Despite these measures, no method of electronic transmission or storage is completely secure, and we cannot guarantee that your personal information will only be accessed by authorized parties. We are not responsible for third parties that breach the safeguards we have put in place. When your credit or debit card information is transmitted through the Website, it is protected by our and our payment processor's security protocols.

If we become aware of a breach of your personal information, we will notify you as required by applicable law.

What are cookies?

Cookies are text files placed on your computer via your browser (if you allow them through your browser settings). Cookies collect certain visitor behavior information. When you visit the Website, we may collect information from you automatically through cookies or similar technology. You can learn more at allaboutcookies.org.

How do we use cookies?

The Website uses cookies to collect data regarding traffic, interactions, and activity, to improve the Website and your experience, and for marketing purposes. For functionality, cookies help the Website recognize you and remember your previously selected preferences, such as your language or location. A mix of first-party and third-party cookies is used.

For advertising, we may use cookies to collect information about your visit to the Website, the content you viewed, the links you followed, and information about your browser, device, and IP address.

We use Meta Pixel (also known as Facebook Pixel), a tracking tool provided by Meta Platforms, Inc. This tool collects data about your activity on the Website, including pages visited, links clicked, and actions taken, and transmits that data to Meta for the purposes of ad targeting, campaign measurement, and retargeting. This means you may see our ads on Facebook and Instagram based on your visits to the Website. Meta's use of this data is governed by Meta's own privacy policy, available at facebook.com/privacy/policy.

We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our Website.

If you wish to opt out of interest-based advertising from Meta, you may do so through your Facebook Ad Preferences settings or through the Digital Advertising Alliance opt-out tool at optout.aboutads.info. Opting out does not mean you will stop seeing ads from us entirely; it means the ads shown will not be based on your browsing behavior on the Website.

Cookies remain associated with your computer. You may delete cookies or adjust your browser settings to disable or reject them. Disabling cookies may result in limited functionality or reduced features when using the Website.

Do Not Track Signals.

Some web browsers offer a "Do Not Track" setting. Because there is no common industry standard for responding to these signals, the Website does not currently respond to Do Not Track signals.

Electronic Communications.

We may communicate with you by email regarding your account, purchases, and/or for marketing purposes as permitted by applicable law and consistent with this Privacy Policy. In collecting analytics for email communication, we may receive notice when you open an email or click a link within an email sent to you by us.

You will only be added to our email list if you have affirmatively agreed or registered to receive email communication from us, most commonly by signing up for our newsletter or a free offering. We may email you for marketing purposes, with educational information, or for announcements.

In compliance with the CAN-SPAM Act:

• We will not use false or misleading subjects or email addresses.
• We will identify the message as an advertisement in some reasonable way.
• We will include the physical address of our business.
• We will monitor our third-party email marketing services for compliance.
• We will honor opt-out and unsubscribe requests quickly.

You have the right at any time to stop us from contacting you for marketing purposes, and you may always opt out by clicking the "unsubscribe" link at the bottom of any marketing email.

Text Messages.

If you opt in to receive text messages from us, your phone number and consent are handled as described in our SMS Terms and Conditions.

Third-Party Links.

The Website may contain links to other sites that are not owned or controlled by NMD Wellness of Scottsdale. We are not responsible for the privacy practices or the content of such other websites, and this Privacy Policy does not apply to any other sites. We make no representation regarding the privacy practices of any other sites, regardless of whether we advertise on those sites or provide a link to those sites from our Website.

Children's Online Privacy Protection Act (COPPA) and Site Use by Minors.

NMD Wellness of Scottsdale does not target or market to minors or children under 13 years old. Anyone under the age of 18 is not authorized to use the Website or purchase or use our products. If you are under the age of 18, please immediately stop using the Website and unsubscribe from any email communication. Please contact us if you believe anyone under the age of 13 has provided us with personal information, and we will promptly delete it.

California Privacy Rights.

Residents of California may have the following rights under the California Consumer Privacy Act (CCPA), as amended:

• The right to request that we disclose the categories and specific pieces of personal information we have collected about you, the sources of that information, the business purpose for collecting it, and the categories of third parties to whom it is disclosed;
• The right to request that we delete personal information we have collected from you, subject to exceptions allowed by law, such as completing a transaction, detecting security incidents, or complying with legal obligations;
• The right to request that we correct inaccurate personal information we have about you;
• The right to opt out of the sale or sharing of your personal information, including for interest-based advertising (see the cookies section above for advertising opt-out options); and
• The right not to be discriminated against for exercising your privacy rights.

To exercise your rights, email us at info@nmdwellnessofscottsdale.com. We may need to verify your identity before completing your request.

GDPR Rights.

If you are located in the European Union, you have the following rights under the General Data Protection Regulation (GDPR):

• The right to access. You may request copies of your personal data.
• The right to rectification. You may request that we correct information you believe is inaccurate or complete information you believe is incomplete.
• The right to erasure. You may request that we erase your personal data, under certain conditions.
• The right to restrict processing. You may request that we restrict the processing of your personal data, under certain conditions.
• The right to object to processing. You may object to our processing of your personal data, under certain conditions.
• The right to data portability. You may request that we transfer the data we have collected to another organization, or directly to you, under certain conditions.

We do not actively collect special categories of personal data as defined under Article 9 of the GDPR through the Website. If you make a request, we will respond within one month. To exercise any of these rights, email us at info@nmdwellnessofscottsdale.com.

How to Contact Us.

If you have any questions about this Privacy Policy, the data we hold about you, or you would like to exercise one of your data protection rights, please contact us at info@nmdwellnessofscottsdale.com or (480) 382-6295.

Revisions.

This Privacy Policy may be revised at any time. We will post any changes on this page, update the "Last Updated" date above, and may also post alerts on the Website or communicate changes by email. If you no longer agree to the policy as revised, please immediately stop using the Website.

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SMS Terms and Conditions

Program Description.

By providing your mobile phone number and opting in, you agree to receive recurring text messages from NMD Wellness of Scottsdale. Messages may include appointment reminders, practice updates, educational content, event and webinar reminders, and promotional offers. Consent to receive text messages is not a condition of purchasing any product or service.

Message Frequency and Rates.

Message frequency varies. Message and data rates may apply, based on your mobile carrier plan.

How to Opt Out.

You can cancel at any time by replying STOP to any message. After you reply STOP, you will receive one final message confirming that you have been unsubscribed, and you will no longer receive text messages from this program. If you want to join again, you may opt in the same way you did originally.

Help.

For help, reply HELP to any message, call (480) 382-6295, or email info@nmdwellnessofscottsdale.com.

Carrier Disclaimer.

Mobile carriers are not liable for delayed or undelivered messages. Delivery of text messages may be affected by your mobile carrier or device.

Privacy of Your Mobile Information.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories of information described in our Privacy Policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Your phone number and consent are used only to deliver the messages you signed up for and to operate our messaging program. For more information, see our Privacy Policy.

Message Security.

Standard text messages are not encrypted. Please do not send personal health information by text message. Established patients should use our secure patient portal and patient messaging system for questions about their care. Communications related to your clinical care are governed by the consent documents you sign during patient onboarding.

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