Terms of Service & Use

Description of Service

Homeopathic Housecall is the product name for an online service provided by HomeoAide.

Homeopathic Housecall is a web-based consumer and professional homeopathic application designed to support physicians, practitioners of homeopathy and the general public in selecting remedies for use in acute and first aid complaints.

Homeopathic Housecall is based on the over 120 years of combined clinical experience of an accomplished team of homeopathic practitioners as well as the classical homeopathic literature.

User Account

In order to use the Homeopathic Housecall online application, the User must create an account. Opening an account requires the User to go through a registration process by providing complete and accurate information. This information will be used to identify the individual as a User of the Service. Afterward, the User can connect to the Service using his username and password.

The content of the Homeopathic Housecall site is provided solely for the personal and non-commercial use of the User. By subscribing to the Homeopathic Housecall service, you agree not to resell, copy, or redistribute any content. Failure to adhere to this agreement constitutes an offense punishable by law.

The User is completely responsible for any activity that occurs under the User's account. The User may not share his or her account. The User agrees that HomeoAide is not liable for any loss resulting from the authorized or unauthorized use of the User's account, either with or without the User's knowledge or permission.

Homeopathic Housecall supports only one logged on session per User name. Any attempt to share and/or access Homeopathic Housecall with the same User name violates the Terms of Use.

HomeoAide reserves the right to deny registration and use of this Service at its sole discretion.

Pricing

HomeoAide reserves the right to amend pricing or to use promotional offers at any time without amending existing subscriptions. Special pricing may apply to developing countries.

Cancelling your Homeopathic Housecall subscription

Users may cancel service at any time during the 5 day Free Trial period. After that time, you may cancel your subscription, but there are no refunds for unused portions of your subscription period. Subscriptions may be renewed at the discretion of the User.

Feedback

Homeopathic Housecall provides the User with the opportunity to submit comments, suggestions and other feedback regarding their experience. The User agrees that Homeopathic Housecall has the right to use any feedback provided for any purpose without charge. The User agrees and hereby assigns to Homeopathic Housecall and HomeoAide any and all rights and interests in such enhancements proposed by their feedback and all property rights including without limitation any patent, copyright, trade secret, trademark or other intellectual property rights.

Restrictions of Use

Data and trademarks in the Homeopathic Housecall Service are owned by Synergy Associates dba HomeoAide.

The User agrees not to use Homeopathic Housecall for printing or downloading data, or to otherwise save, copy, download or transmit any part of the Homeopathic Housecall website or work.

Term and Termination of the Subscription

The Term of the Homeopathic Housecall Subscription starts on the date the User pays for the Service until such time as it is cancelled.

The User may terminate the Subscription by sending a cancellation request and ceasing to use the Service. If the User is dissatisfied with the service, the User's sole and exclusive remedy is to cancel his/her subscription thus terminating the Service. There will be no refunds for unused portions of the subscription period.

HomeoAide may terminate the Subscription, or may terminate or suspend the User's right to use the Homeopathic Housecall Service in the event that the User is considered to be or is actually in breach of any of the Terms of Service & Use.

HomeoAide reserves the right to modify the terms and conditions of the Terms of Service or to provide additional requirements at its sole discretion at any time. Any such modifications will supersede all prior versions after the revised version has been made available to the User.

Disclaimer

Homeopathic Housecall is designed to provide general information about homeopathic remedies in dealing with certain health concerns based on general hypothetical questions. The Homeopathic Housecall Service is not responsible for any inaccuracies, omissions or errors of the information contained in the database.

Limitation of Liability

HomeAide and its affiliates and/or subcontractors or any other entity associated with it will not be liable to the User or any third party for any special, indirect, incidental, exemplary, consequential damages or penalties arising from the use of Homeopathic Housecall.

Authority

The full responsibility for the use of homeopathic remedies lies with the User. The User understands that homeopathic substances indicated by Homeopathic Housecall might not always reflect the ideal or correct choice and the User is responsible for the use of these substances.

Billing

Recurring Billing

By starting your subscription to Homeopathic Housecall, you authorize us to charge you a monthly or annual subscription fee depending on your selected billing terms at the then current rate. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or annually in one or more charges.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes that correspond to the completion of a promotional offer and/or changing or adding a plan will take effect on your Renewal Date without any prior notice to you from us. Except as otherwise expressly provided for in these Terms of Service, any other price changes to your service will take effect following email notice to you or an announcement on the Site.

Billing Cycle

The subscription fee for our service will be billed at the beginning of the paying portion of your membership and each month or year thereafter depending on your selected billing terms unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription ("Renewal Date"). Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started a monthly Homeopathic Housecall subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your Renewal Date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.

No Refunds

PAYMENTS ARE NONTRANSFERABLE, NONREFUNDABLE AND THERE ARE NO REFUNDS FOR ANY REASON OR CREDITS FOR PARTIALLY USED PERIODS OR FOR SUBSCRIPTIONS THAT ARE PURCHASED BUT NOT USED. All fees and applicable taxes, if any, are payable in United States dollars. It is your sole responsibility to keep a record of your login credentials to access your User Account and the Site, Services, and content. No refunds will be given for lost login credentials. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period provided that services are used in accordance with these Terms of Use. At any time, and for any reason, we may credit, discount, or provide other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of HomeoAide. The provision of credits in one instance does not entitle a User to credits in the future for similar instances, nor does it obligate HomeoAide to provide credits in the future, under any circumstance. One such reason may be if you upgrade or downgrade your subscription plan. You may receive a pro-rated credit or charge, as applicable, of the previously paid monthly or annual fee for the remaining days of that month or year, to be applied against the new subscription amount to be charged to your Payment Method on your Renewal Date.

Payment Methods

To edit your Payment Method information send us an email billing@homeoaide.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your subscription to Homeopathic Housecall at any time, and you will continue to have access to the Homeopathic Housecall service through the end of your monthly or annual billing period provided that services are used in accordance with these Terms of Use. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS.

Customer Support

If you have questions or need assistance with your account, see our FAQs. There you will find the answers to many Frequently Asked Questions and information on reaching a Customer Service representative. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Service will control.

Links To Other Web Sites

HomeoAide and/or Homeopathic Housecall, through our Site, Service or otherwise, may provide links to third parties' websites. HomeoAide does not endorse, has no control over, and is not responsible in any manner for the terms, conditions, fulfillment or performance of such third parties' websites or offers, the collection of information from you by any such third parties, the use of your information by any such third parties, or the use, operation or availability of websites owned or operated by, or on behalf of, any such third parties.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMEOAIDE, INCLUDING HOMEOAIDE'S OWNERS, SHAREHOLDERS, PARENT ENTITY HOMEOAIDE, PARTNERS, OFFICERS, DIRECTORS,AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ADVERTISERS, CLIENTS, CONTRACTORS, INSTRUCTORS, STAFF AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, "HOMEOAIDE PARTIES"), AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, LIABILITIES, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OR ATTEMPTED USE OF THE SITE OR SERVICE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY OR INFORMATION THAT YOU POST OR OTHERWISE MAKE AVAILABLE ON THE SITE OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.

Release

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE HOMEOAIDE AND HOMEOAIDE PARTIES AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE AND SERVICES.

Notice

HomeoAide may provide you with notices, including those regarding changes to the Terms of Service & Use, either by email, regular mail, or postings on the Service. All notices to HomeoAide must be made in writing and mailed to:

HomeoAide, Attn: Legal Department, 1125 16th Street, Suite 102, Arcata, CA 95521

Modification To Service

HomeoAide may, in its sole discretion and without prior notice, (a) revise these Terms of Service & Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. HomeoAide shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Governing Law And Other Terms

Mandatory Arbitration. You understand and agree that all claims, disputes, or controversies between you and HomeoAide, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitration, shall be resolved by final and binding arbitration using the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from this Terms of Service, by one or more arbitrators appointed in accordance with the said rules at a location within Humboldt County, California. Any controversy concerning whether a dispute is arbitral shall be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof. Neither you nor HomeoAide shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.

California Law And Jurisdiction

All disputes arising out of or related to the use of the Site or Service, as permitted following the Mandatory Arbitration described above, shall be brought in the state or federal courts located in the Northern District of California, and the User hereby irrevocably consents to the exclusive jurisdiction and venue thereof. This Agreement will be construed in accordance with the laws of the State of California without regard to its conflict of law principles. If the law of your residence prohibits or limits your participation in the Service, then you are responsible for complying with such laws and you agree to indemnify HomeoAide. including HomeoAide's partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and their suppliers, against any breach or violation.

Enforceability

If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are personal to you and you may not transfer, delegate or assign these Terms and Conditions to anyone.

Assignment

Any attempt by you to assign or delegate these Terms and Conditions shall be null and void. HomeoAide may assign these Terms and Conditions at its sole discretion.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Service & Use, there shall be no third-party beneficiaries to these Terms of Service & Use.

Waiver

No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.

Entire Terms Of Service

These Terms and Conditions, the Privacy Policy and other terms, conditions and policies HomeoAide may post on this Service constitute the entire Terms of Service between you and HomeoAide in connection with the Service and supersede all prior agreements between the parties regarding the subject matter contained herein.

Contacting HomeoAide

If you have questions, please contact us.

HomeoAide, Attn: Legal Department, 1125 16th Street, Suite 102, Arcata, CA 95521

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.