Terms of Service Agreement
Neither the publisher nor the authors are engaged in rendering professional advice or services to the individual reader/participant. The ideas, procedures, and suggestions contained in our online programs are not intended as a substitute for consulting with your physician. All matters regarding your health require medical supervision. Neither the authors nor the publisher shall be liable or responsible for any loss or damage allegedly arising from any information or suggestions in this online program or materials.
The authors of The Full Plate Diet™ and Full Plate Living™ have teamed up to bring you this website, which is for informational and motivational purposes only. Our goal is to show you how easy it is to live a healthier, more energetic, and fuller life. However, for ethical and practical reasons we cannot provide diagnosis or treatment of any illness or health condition. To this end we strongly urge you to always check with your physician or health care provider before starting a diet, exercise, or health program.
The information and dietary programs on this website are not intended to replace the services of trained medical professionals or be a substitute for medical advice.
The website under www.FullPlateLiving.org and the services on these pages are being offered to you by:
Full Plate Living
3650 Chickasaw Blvd
Ardmore, OK 73401
Full Plate Living™ is a nonprofit branch and DBA of Ardmore Institute of Health, which has been established and registered according to the law of the State of Oklahoma.
Specific matters addressed in portions of our Terms of Service Agreement, such as specific provisions contained in our Type 2 Diabetes, Statement of Rights and Responsibilities, Data Use Policy, Forum Terms and Conditions, and Notice of Health Information Practices, shall be governed by those separate provisions.
Type 2 Diabetes
Full Plate Living’s Eat Down Your Blood Sugar™ (the “Program”) provides Type 2 Diabetes education to assist you in making lifestyle changes as an aid on your road to restored health.
IF YOU CHOOSE TO IMPLEMENT LIFESTYLE CHANGES RECOMMENDED BY THE PROGRAM, SUCH AS THE USE OF DIET (NUTRITIONAL) AND EXERCISE REGIMENS, AND OTHER LIFESTYLE CHANGES, WE STRONGLY URGE YOU TO CHECK WITH YOUR PHYSICIAN OR HEALTH CARE PROVIDER BEFORE STARTING THE PROGRAM.
As you adopt and implement the Program, you may experience some of the following physical changes:
· Reduction in elevated blood sugar levels
· Reduction in elevated blood pressure
· Lowering of cholesterol and triglyceride levels
· Loss of weight
In participating in the Program and adopting any of the lifestyle changes recommended by the Program, you agree to the following:
· To inform your personal physician of your use of the Program, the lifestyle changes you have adopted in your daily activities, and the physical results you have experienced
· To consult with your personal physician before making any changes in your medications, including any reductions or discontinuations
· To consult with your personal physician should you experience any physical problems while pursuing the lifestyle changes recommended by the Program
· To assume full responsibility for any allergies or intolerances you may have to the foods recommended by the Program.
· TO ACCEPT ALL HEALTH RISKS ASSOCIATED WITH YOUR USE OF THE PROGRAM AND TO RELEASE FULL PLATE LIVING™, ITS TRUSTEES, OFFICERS AND EMPLOYEES FROM ANY AND ALL DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PROGRAM
By clicking “I Agree”, you will be deemed to have accepted and be bound by all of the statements and agreements set forth above and as set forth in this Terms of Service Agreement.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs part of our relationship with users and others who interact with Full Plate Living™. By using or accessing FullPlateLiving.org, you agree to this Statement as updated from time to time. Your continued use of FullPlateLiving.org following changes to our terms constitutes your acceptance of our amended terms.
1. Sharing Your Information
You are the owner of all content and information you share on FullPlateLiving.org, and you control how it is shared through your profile settings. In addition:
1. When you publish a comment on a recipe or blog post or on our Social Media Pages (Facebook, Twitter, Pinterest, YouTube), you cannot select an audience. This is because these types of stories are always public in nature.
2. We are always thankful for feedback and appreciate the time you take to contact us and give us suggestions about FullPlateLiving.org, but you understand that we may use your feedback without any obligation to compensate you just as you are under no obligation to provide us feedback.
3. If you choose to participate (in for example contest entries) or without a request from us you choose to submit creative ideas, suggestions, or proposals, either online, or by phone, please keep in mind that we have the right to edit, copy, publish, distribute, translate and otherwise use any of the comments and feedback you share with us. In order to address the comments we may need to share them with others, therefore they may not be maintained in confidence. We may not be able to respond to all feedback and comments. We are under no obligation to compensate you for your comments or feedback.
We do our best to keep FullPlateLiving.org safe, but we cannot guarantee it. We need your help to keep it safe, which includes the following commitments by you:
3. Registration and Account Security
FullPlateLiving.org users provide their real names information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
4. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees and data usage fees still apply.
Our store and payment gateway is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. If you make a payment on FullPlateLiving.org you agree to the Store’s Terms of Service. We urge you to read those carefully in order to make an informed purchasing decision.
1. We can change this Statement at any time.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of FullPlateLiving.org to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1.1, 1.2, 1.3, 2-4, 8-10.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Full Plate Living™ exclusively in a state located in Carter County, Oklahoma, or a federal court located in the Eastern District of Oklahoma. The laws of the State of Oklahoma will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts named in this provision for the purpose of litigating all such claims.
2. If anyone brings a claim against Full Plate Living™ related to your actions, content, or information on FullPlateLiving.org, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on FullPlateLiving.org and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on FullPlateLiving.org. We are not responsible for the conduct, whether online or offline, of any user of FullPlateLiving.org.
3. WE TRY TO KEEP FULLPLATELIVING.ORG UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FULLPLATELIVING.ORG AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FULLPLATELIVING.ORG WILL ALWAYS BE A SAFE, SECURE, OR ERROR FREE OR THAT FULLPLATELIVING.ORG WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. FULLPLATELIVING.ORG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
10. Special Provisions Applicable to Users Outside the United States
1. You consent to having your personal data transferred to and processed in the United States
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on FullPlateLiving.org (such as payments).
Data Use Policy
Your privacy is important to us. We never sell or trade your personal information. Period. We designed our Data Use Policy to make important disclosures to you about how you can use FullPlateLiving.org to connect to others and how we collect and can use your content and information.
1. Information we receive and how it is used
Information we receive about you
We receive a number of different types of information about you including:
§ Registration information: When you sign up for the FullPlateLiving.org account, you are required to provide your name and email address.
§ Information you choose to share: Information you choose to share on FullPlateLiving.org, for example in the form of a comment on recipes or a blog post.
It also include the information you choose to share when you favorite a recipe, write a review, like a blog post, or reply to someone else’s comments.
Other information we receive about you
Other types of information about you that we receive are:
§ We receive data on you when you interact with our website, such as when you click on a link, visit a page within our website, download the free book, use the search bar to search the site by topic or to find a particular recipe, view or otherwise interact with things, or make a purchase in our shopping cart.
§ We receive data from the computer, mobile phone, or other device you use to access Facebook, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, the type of browser you use, or the pages you visit.
§ Sometimes we get data from third parties that helps us understand online activity, and generally make FullPlateLiving.org better.
When we use the phrase “public information,” we mean the information you choose to make public (such as a comment on a blog) as well as information that is always publicly available. When you create public information, such as a comment on a blog or on a recipe, anyone anywhere can view it. Your comments will always be publicly available after they are posted. Your username and other identifiers such as photo will also be publicly available when you post a comment on a blog, on our recipes or review a product.
How we use information we receive
We use the information we receive about you in connection with the services and features we and third parties associated with our site provide on our website. For example, we may use the information we receive about you:
§ As part of our efforts to keep FullPlateLiving.org products, services and integrations safe and secure;
§ To protect FullPlateLiving’s or others’ rights or property;
§ For internal operations, including troubleshooting, data analysis, testing, research and service improvement.
Granting us this permission not only allows us to provide FullPlateLiving.org as it exists today, but also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don’t share information we receive with others unless we have:
§ Received your permission;
§ Given you notice, such as telling you about it in this policy;
§ Are required to by law; or
§ Removed your name or any other personally identifying information from it.
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Typically, information associated with your account will be kept until your account is deleted.
Deleting and deactivating your account
If you want to stop using your account, you can delete it.
To stop receiving your weekly newsletter, simply click on the unsubscribe link at the bottom of the newsletter.
2. Cookies, Pixels, and other similar technologies
What are cookies?
Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small blocks of code on webpages that do things like allow another server to measure viewing of a webpage and often are used in connection with cookies. We use technology like cookies, pixels, and local storage (like on your browser or device, which is similar to a cookie but hold more information) to provide and understand a range of products and services. Your browser or device may allow you to block these technologies, but you may not be able to use some of the features of FullPlateLIving.org if you block them.
We use these technologies to do things like:
§ Make FullPlateLiving.org easier or faster to use;
§ Enable features and store information about you (including on your device or your browser cache) and your use of FullPlateLiving.org
§ Deliver, understand, and improve our products
§ Monitor and understand the use of our products and services; and
§ To protect you, others and FullPlateLiving.org
When might FullPlateLiving.org place cookies on my computer or device?
FullPlateLiving.org may place cookies when you visit us or a partner using a browser or device that permits the placement of cookies. Your browser or device may allow you to block these technologies, but you may not be able to use some of the features of FullPlateLIving.org if you block them.
Note that your browser or device may or may not include tools that allow you to manage cookies. For more information about whether tools are available and how they work, visit your browser or device’s help materials.
When might FullPlateLiving.org read the cookies on my computer or device?
Web browsers send any cookies for a particular web domain (ex: fullplateliving.org) to the website each time a machine with those cookies accesses content served from that domain. This means that any fullplateliving.org cookies will be sent to FullPlateLiving™ when any page is accessed at fullplateliving.org. It also means that these cookies are sent to FullPlateLiving™ when someone accesses a third party website that has a connection to FullPlateLiving.org. Your browser or device may allow you to block these technologies, but you may not be able to use some features on FullPlateLiving.org if you block them.
We sometimes use service providers to help us provide certain products and services. For example, we use service providers to help you buy things in our shopping cart.
Google Adwords: adwords.google.com
3. Some other things you need to know
Contact us with questions and disputes
If you have questions or complaints regarding our Data Use Policy or practices, please contact us by mail at 3650 Chickasaw Blvd Ardmore, OK 73401. Anyone may also contact us through the Contact Us page.
Responding to legal requests and preventing harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information where we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you, including financial transaction data related to purchases made on FullPlateLiving.org, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation or investigations concerning possible violations of our terms or policies, or otherwise to prevent them.
You can access and correct you personal data stored by FullPlateLiving.org by logging into your account and viewing your profile.
We give your information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help host our website, process payments, analyze data, provide search results, and send out our newsletter. In some cases we provide the service jointly with another company. In all of these cases our partners must agree to only use your information consistent with the agreement we enter into with them, as well as this Data Use Policy.
Change of Control
If the ownership of our nonprofit organization changes, we may transfer your information to the new owner so they can continue to operate the service. But they will still have to honor the commitments we have made in this Data Use Policy.
Notice of Changes
By using or accessing FullPlateLiving.org, you agree to this Data Use Policy as updated from time to time. Your continued use of FullPlateLiving.org following changes to our terms constitutes your acceptance of our amended terms.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using our Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account with us.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Ardmore Institute of Health, dba The Full Plate Living™ and The Full Plate Diet™("AIH") collectively, "we," "us," or "our"), including, without limitation, The Full Plate Living™ and The Full Plate Diet™ website and any other website that we may own or operate currently or in the future (collectively, our "Website").
2. Terms & Conditions - In General
By using our Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to our Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of our Website, including, but not limited to, (i) restricting the time our Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use our Website. You agree that any termination or cancellation of your access to, or use of, our Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on our Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Website and the material provided thereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that our Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on our Website are trademarks of their respective owners. FULL PLATE LIVNG and FULL PLATE DIET are the trade names and the registered trademarks and service marks of Ardmore Institute of Health. Our commercial suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a Registered User
There is no cost to become a registered user of our Website. You do not have to become a registered user to use our Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on our Website to participate in, and to contribute to, any Community Area or use of the "Public Profile" feature of our Website. A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Website or post your own Content. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of our Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website.
We are committed to protecting your privacy and security. For more information, you should review our Data Use Policy and Notice of Health Information Practices, which are found in the Terms of Service Agreement.
6. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on our Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to our Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using our Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through our Website. You agree not to use our Website (including any Community Areas) to:
1. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
2. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
3. Impersonate any person or entity, including, but not limited to any user of our Website, a trustee, officer, employee, agent or representative of Ardmore Institute of Health or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Ardmore Institute of Health or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website;
5. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
8. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area (or other portion of our Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of our Website;
10. Interfere with or disrupt our Website or servers or networks connected to our Website, or disobey any requirements, procedures, policies or regulations of networks connected to our Website;
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
12. "Stalk" or otherwise harass another user or employee of our Website;
13. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of our Website, including user names or passwords; or
14. Access or attempt to access another user’s account without his or her consent.
Your privilege to use our Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of our Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
Except as may otherwise be provided in our Data Use Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of our Website (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website has been removed.
If, at our request or on your own, you send, email, post or otherwise transmit to us or our Website any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on our Website retains any and all Rights that may exist in such Submission. Except as provided in our Data Use Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
8. Parental or Guardian Permission
Some of the Content on our Website may not be appropriate for children. We strongly recommend that children ask for their parent's or guardian's permission before viewing our Website.
These Terms & Conditions apply only to our Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
10. Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
11. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
1. a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our Website are covered by a single notification, a representative list of such works);
3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
4. your name, mailing address, telephone number and email address;
5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to our Website should be sent to our designated agent for notice of claims of copyright infringement: Paul E. Pitts, 422 Second, N.W., Ardmore, OK 73401
12. Password and User Security
If you are a registered user of our Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
13. Relationship with Ardmore Institute of Health
FULL PLATE LIVING and FULL PLATE DIET are the trade names and the registered trademark and service mark of Ardmore Institute of Health, as are certain other trademarks and service marks used by FULL PLATE LIVING and FULL PLATE DIET on our Website under Ardmore Institute of Health’s control.
14. Health Disclaimer
OUR WEBSITE PROVIDES HEALTH EDUCATION IN THE FORM OF INFORMATION, APPLICATIONS AND CONTENT PUBLISHED OVER THE INTERNET. ARDMORE INSTITUTE OF HEALTH DBA FULL PLATE LIVING™ AND FULL PLATE DIET™ (“AIH”) IS A NON-PROFIT INSTITUTION THAT PROVIDES BEHAVIORAL HEALTH EDUCATION SERVICES AND PRODUCTS. THESE SERVICES AND PRODUCTS ARE PROVIDED WITH THE UNDERSTANDING THAT AIH AND ITS HEALTH EDUCATION TEAM ARE NOT ENGAGED IN RENDERING MEDICAL, HEALTH, OR ANY OTHER KIND OF PROFESSIONAL SERVICES. SPECIFICALLY, AIH DOES NOT PROVIDE (I) DIAGNOSIS OR TREATMENT OF ANY PHYSICAL OR MENTAL ILLNESS OR (II) ANY FORM OF MENTAL HEALTH THERAPY. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, LICENSED MENTAL HEALTH PROFESSIONAL OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A PHYSICAL OR MENTAL HEALTH CONDITION AND BEFORE UNDERTAKING ANY DIET, EXERCISE, OR OTHER HEALTH PROGRAM. FURTHERMORE, THE INFORMATION AND REPORTS GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUTATION, OR TREATMENT. AIH SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS, OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE AND APPLICATION OF ANY OF THE CONTENTS CONTAINED IN ITS SERVICES AND PRODUCTS.
For more information, you should review our Notice of Health Information Practices which is found below in these Terms & Conditions.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON OUR WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER ARDMORE INSTITUTE OF HEALTH NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS (“AFFILIATES”) WARRANT THAT OUR WEBSITE OR ANY FUNCTION CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER ARDMORE INSTITUTE OF HEALTH NOR ANY OF OUR AFFILIATES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO OUR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend Ardmore Institute of Health and our Affiliates, and our and their officers, trustees, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of our Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
18. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Website or these Terms & Conditions shall be filed only in the state court located in Carter County in the State of Oklahoma or federal court located in the Western District of Oklahoma, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
19. Miscellaneous Terms
In any action against us arising from the use of our Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on our Website, or by written agreement of both parties. Each time you access ours Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
NOTICE OF HEALTH INFORMATION PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
Ardmore Institute of Health DBA Full Plate Living™ and Full Plate Diet™ (“AIH”) understands that information we collect about you and your health is personal. Keeping your health information private is one of our most important responsibilities. We are committed to protecting your health information and following all laws regarding the use of your health information. The following is a notice of our legal duties and privacy practices with respect to your health information and your health information rights. If you have questions about any part of this Notice or if you want more information about the privacy practices at the AIH, you may contact AIH’s Privacy Officer at the address or telephone number listed below.
A. How We May Use or Disclose Your Health Information.
The following categories describe the ways we may use and disclose your health information, as part of our normal operations to assist you, without asking you for permission. For each category of uses and disclosures, we will explain what we mean and present an example. In each category we will only disclose the minimum amount of information needed to accomplish the task. Not every use or disclosure in a category will be listed and the services we provide may not be applicable to a particular category. However, the ways we are permitted to use and disclose information will fall within one of the categories.
1. Treatment. When treatment is part of our services, we may use or disclose health information about you to provide the necessary treatment for you. For example, we may disclose medical information about you to physicians or other qualified health professionals, counselors, or technicians. We also may share medical/health information about you in order to coordinate the different things you need, such as prescriptions, medical tests, special dietary needs, personal assistance, etc. We also may provide your physician or a subsequent health care provider with copies of various reports that should assist him or her in your treatment.
2. Payment Functions. We may use or disclose health information about you to facilitate payment for the treatment or services received from us. For example, a bill may be sent to you or a third-party, including Medicare, Medicaid and private insurance companies. The information on or accompanying the bill may include information that identifies you, as well as your diagnosis, procedures, and supplies used. We may disclose medical information about you to another health care entity or provider so that it may obtain payment for services provided.
3. Education Services Related to Health Care. We may use or disclose health information about you to carry out our educational services and related activities concerning the health and well-being of those who participate in our services. Such activities may include conducting quality assessment and improvement activities; conducting or arranging for health education program reviews; business planning, management and general administration. Members of our education team may use information in your health record to assess the educational programs we administer and the outcomes in your case and others like it. We may aggregate and disclose health information derived from you and other program participants, but that does not identify you or other participants in any way. This information will then be used in an effort to continually improve the quality and effectiveness of the educational and program services we provide.
4. Business Associates. We may disclose your medical information to other entities that provide services to or for AIH that require the release of patient medical information. However, we will make these disclosures only if we have received satisfactory assurance that the other entity will properly safeguard your medical information. For example, we may contract with another entity to provide billing services.
5. Research. We may disclose information to researchers. In many circumstances, your information may only be released with your written authorization. However, your information may be disclosed without your authorization when the research has been approved by a special committee that has reviewed the research proposal and established safeguards to ensure the privacy of your health information, and under certain other limited circumstances.
6. Treatment Alternatives. We may contact you to provide information about treatment alternatives or other health-related benefits and services that may be of interest to you.
7. Public Health. As required by law, we may disclose your health information to public health authorities for purposes related to: preventing or controlling disease, injury or disability; reporting child abuse or neglect; reporting to the Food and Drug Administration problems with products and reactions to medications; and reporting disease or infection exposure.
8. Disclosures about Victims of Abuse, Neglect or Domestic Violence. We may disclose protected health information about an individual who we reasonably believe is a victim of abuse, neglect, or domestic violence to a government authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect or domestic violence.
9. Health Oversight Activities. We may disclose your health information to health agencies during the course of audits, investigations, inspections, licensure and other proceedings related to oversight of AIH programs.
10. Judicial and Administrative Proceedings. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. For example, we may disclose medical information when required by a court order in a litigation proceeding such as a malpractice action, a child custody hearing, or establishing paternity. In limited circumstances, we may disclose medical information about you in response to a subpoena or discovery request, but only if efforts have been made to inform you about the request or to obtain an order protecting the information requested.
11. Law Enforcement. We may disclose your health information to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, material witness or missing person, or complying with court order or subpoena and other law enforcement purposes.
12. Coroners, Medical Examiners and Funeral Directors. We may disclose your health information to coroners, medical examiners and funeral directors, if, for example, it is necessary to identify a deceased person or determine the cause of death.
13. Organ and Tissue Donation. We may disclose your health information to organizations involved in procuring, banking, or transplanting organs and tissues, as necessary.
14. Public Safety. We may disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or the general public. Any disclosure would only be to someone able to help prevent the threat.
15. National Security. We may disclose your health information for military, national security, prisoner and government benefits purposes.
16. Worker’s Compensation. We may disclose your health information in order to comply with laws relating to workers compensation or other similar programs established by law.
B. When We May Not Use or Disclose Your Health Information.
Before AIH can use or disclose your medical information for any purpose other than those described in this Notice, we must obtain a separate, written authorization from you. If you do authorize us to use or disclose your health information for another purpose, you may revoke your authorization, in writing, at any time. If you revoke your authorization, we will no longer be able to use or disclose health information about you for the reasons covered by your written authorization, though we will be unable to take back any disclosures we have already made with your permission.
C. Statement of Your Health Information Rights.
1. Right to Request Restrictions. You have the right to request a restriction on certain uses and disclosures of your information as provided by law. We ask that such requests be made in writing to AIH at the address shown below. Although we will consider your request, please be aware that we are under no obligation to accept it or to abide by it.
2. Right to Receive Copy. You have a right to receive a copy of this Notice of Health Information Practices at any time. To obtain another copy of this Notice, send your written request to AIH. If you received this Notice electronically (via the internet), you have the right to obtain a paper copy of this Notice of Health Information Practices upon request.
3. Right to Request Confidential Communications. You have the right to request communications of your health information through reasonable alternative means or at alternative locations. For example, you may request that we only contact you at work or by mail. To request confidential communications, you must submit your request in writing to AIH.
4. Right to Inspect and Copy. You have the right to inspect and copy health information about you, with the exception of psychotherapy notes or information gathered for and used in legal or administrative proceedings. To inspect and copy such information, you must submit your request in writing to AIH. If you request a copy of the information we may charge you a reasonable fee to cover expenses associated with your request.
5. Right to Request Amendment. You have the right to request that we amend your health information that you believe is incorrect or incomplete. We are not required to change your health information and if your request is denied, we will provide you with information about our denial and how you can disagree with the denial. To request an amendment, you must make your request in writing to the AIH and you must state a reason for the amendment.
6. Right to an Accounting of Disclosures. You have the right to receive a list of “accounting of disclosures” of your health information made by us, except that we are not required to include in this accounting disclosures made for purposes described in Section A, Subsections 1-3 of this document, disclosures authorized by you or disclosures made to you. To request this list of disclosures you must submit your request in writing to AIH.
D. Changes to this Notice of Health Information Practices.
We reserve the right to change our privacy practices and to make the new provisions effective for all protected health information we maintain. Should our privacy practices change, we will provide a revised notice to you as required by law. We will not disclose your health information without your consent or authorization, except as described in this Notice.
E. For more Information or to Report a Problem.
If you believe that your privacy rights have been violated, you may file a complaint with AIH by contacting the AIH Privacy Officer in writing at the address indicated below. You may also file a complaint with the Secretary of the Department of Health and Human Services. There will be no retaliation for filing a complaint and your health care services and/or benefits will not be affected in any way.
BY CLICKING THE “I AGREE” BUTTON, I ACKNOWLEDGE THAT I HAVE BEEN PROVIDED THIS NOTICE OF HEALTH INFORMATION PRACTICES THAT PROVIDES A DESCRIPTION OF THE USES AND DISCLOSURES OF MY PROTECTED HEALTH INFORMATION BY ARDMORE INSTITUTE OF HEALTH DBA FULL PLATE LIVING™ AND FULL PLATE DIET™ (AIH), AND AGREE THIS NOTICE MAY BE GIVEN TO ME ELECTRONICALLY.
CONTACT: Privacy Officer at: Ardmore Institute of Health, 3650 Chickasaw Blvd., Ardmore, Oklahoma 73401
THIS TERMS OF SERVCE AGREEMENT WAS REVISED 2017-05-26.