Terms of Use

TERMS OF USE

ATTENTION: IF YOU ARE BUYING A DOWNLOADABLE PRODUCT, THE CONFIRMATION PAGE YOU ARE DIRECTED TO IMMEDIATELY AFTER YOU PLACE YOUR ORDER CONTAINS YOUR DOWNLOAD LINK.

IF YOU MISS THAT ONE, THERE IS ALSO ONE EMAILED TO YOU. THE LINK ONLY WORKS ONCE, THOUGH!! Sorry if this is confusing (thanks WooCommerce!)

 

ORDERS & SHIPPING

Orders through the shop are processed via a third party CC processor.

When payment is received for downloadable (digital) products, an email receipt is sent to the email provided by the user. The link for downloading is included in that receipt email. If the email is not received, or there is a problem with downloading, users can contact Next Foundation directly at mel@nextfoundation.org. No returns/refunds on digital products.

Physical products will be shipped within 5 business days of order completion. Books are print on demand, so this 5 days allows for the actual production of the book. Shipping is via UPS ground unless otherwise indicated. If there is a problem with a physical shipment, users can contact Next Foundation directly at mel@nextfoundation.org. Refunds/replacements offered on lost or damaged shipments within 60 days of purchase.

AGREEMENT BETWEEN USER AND Next Foundation

The Drjohnaking.com Web Site is comprised of various Web pages operated by Next Foundation.

The Drjohnaking.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Drjohnaking.com Web Site constitutes your agreement to all such terms, conditions, and notices. In addition, when using particular services or materials on the Drjohnaking.com Web Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Next Foundation reserves the right to change the terms, conditions, and notices under which the Drjohnaking.com Web Site is offered, including but not limited to the charges associated with the use of the Drjohnaking.com Web Site, without notice to you, except for changes in charges associated with the use of the Drjohnaking.com Web Site. You acknowledge and agree that it is your responsibility to review the Drjohnaking.com Web Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of the Drjohnaking.com Web Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

LINKS TO THIRD PARTY SITES

The Drjohnaking.com Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Next Foundation and Next Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Next Foundation is not responsible for webcasting or any other form of transmission received from any Linked Site. Next Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Next Foundation of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Drjohnaking.com Web Site, you warrant to Next Foundation that you will not use the Drjohnaking.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Drjohnaking.com Web Site in any manner which could damage, disable, overburden, or impair the Drjohnaking.com Web Site or interfere with any other party’s use and enjoyment of the Drjohnaking.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Drjohnaking.com Web Sites.

USE OF COMMUNICATION SERVICES

The Drjohnaking.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Your use of the Drjohnaking.com Web Site and Communication Services is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

•Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

•Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

•Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

•Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

•Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

•Conduct or forward surveys, contests, pyramid schemes, or chain letters.

•Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

•Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

•Restrict or inhibit any other user from using and enjoying the Communication Services.

•Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

•Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

•Violate any applicable laws or regulations.

•Impersonate any person or entity, including any of Next Foundation’s employees or representatives.

Next Foundation has no obligation to monitor the Communication Services. However, Next Foundation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Next Foundation is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Next Foundation arising out of such removal of content. Next Foundation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Next Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Next Foundation’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Next Foundation does not control or endorse the content, messages or information found in any Communication Service and, therefore, Next Foundation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Next Foundation spokespersons, and their views do not necessarily reflect those of Next Foundation.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Next Foundation OR POSTED AT ANY Drjohnaking.com Web Site

Subject to our Privacy Policy, any communication or material that you transmit to this site or to Next Foundation, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. Next Foundation does not claim ownership of the materials you provide to Next Foundation (including feedback and suggestions) or post, upload, input or submit to any Drjohnaking.com Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Next Foundation, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Next Foundation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Next Foundation’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Drjohnaking.com Web Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Next Foundation AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Drjohnaking.com Web Site AT ANY TIME. ADVICE RECEIVED VIA THE Drjohnaking.com Web Site SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Next Foundation AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Drjohnaking.com Web Site FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Next Foundation AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Next Foundation MAKES NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE drjohnaking.com web SITE FROM Next Foundation OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Next Foundation AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Drjohnaking.com Web Site, WITH THE DELAY OR INABILITY TO USE THE Drjohnaking.com Web Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Drjohnaking.com Web Site, OR OTHERWISE ARISING OUT OF THE USE OF THE Drjohnaking.com Web Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Next Foundation OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Drjohnaking.com Web Site, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Drjohnaking.com WEB SITE.

SERVICE CONTACT : mel@nextfoundation.org

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

TERMINATION/ACCESS RESTRICTION

Next Foundation reserves the right, in its sole discretion, to terminate your access to the Drjohnaking.com Web Site and the related services or any portion thereof at any time, without notice. Next Foundation reserves the sole right to either modify or discontinue the Drjohnaking.com Web Site, including any features therein, at any time with or without notice to you. Next Foundation shall not be liable to you or any third party should Next Foundation exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Tarrant County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Drjohnaking.com Web Site. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against Next Foundation must be instituted with one year after the cause of action arises or be deemed forever waived and barred. Use of the Drjohnaking.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Next Foundation as a result of this agreement or use of the Drjohnaking.com Web Site. Next Foundation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Next Foundation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Drjohnaking.com Web Site or information provided to or gathered by Next Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Next Foundation with respect to the Drjohnaking.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Next Foundation with respect to the Drjohnaking.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Next Foundation must be sent to the attention of Customer Service at mel@nextfoundation.org. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your registration. In addition, Next Foundation may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Drjohnaking.com Web Site are: Copyright 2016 by Dr. John A. King and/or its suppliers. All rights reserved.

TRADEMARKS

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

International Use

Although this site may be accessible worldwide, Next Foundation makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.