Last Update: September 15, 2023

1. ACCEPTANCE

These Terms and Conditions (the “Terms”) govern your visits to www.motherwit.earth (the “Platform”). MotherWit Integrative Medicine Professional Corporation (“we,” “us,” or “our”) owns and operates this Platform.  The term “you” refers to any user of the Platform.

These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.

2. NEUTRAL VENUE

1. Description. The Platform is a comprehensive online integrative pediatric guidance system offered by a healthcare provider. It does not provide primary or emergency medical care. Dr. Blockman’s expertise in integrative medicine addresses chronic illnesses in children, adolescents, and young adults, connecting mind, body, and community for enhanced health and resilience. Whether you’re seeking guidance for specific health challenges or general wellness insights, our platform provides valuable resources for every stage of childhood. Please refer to our FAQ page for more details on the types of services offered and not offered through the Platform.
2. Neutral Venue. Our role is strictly to provide educational content on an ‘as is’ basis. The information and resources presented on our Platform are for informational purposes only and should be relied upon at your own discretion. Mother Wit Integrative Medicine and its affiliates, shall not be held liable for any decisions or actions users take based on the content provided.
3. No Medical Advice. This Platform is for general informational purposes only. Nothing here constitutes medical advice. The materials presented in no way substitute
   medical counselling. You must not avoid or delay medical treatment because of anything contained on our Platform.
4. Testimonials. The Platform includes testimonials from people who have used our products and/or services. These testimonials represent the users’ actual experiences and views. However, the experiences are unique to specific users and may not be reflective of other users of our products and/or services. We cannot guarantee, and you should not expect, that all users will have the same experience. Individual outcomes may differ. The testimonials on the Platform are not meant to be, and should not be interpreted as, statements that our products and/or services may be used to diagnose, treat, mitigate, cure, prevent, or otherwise treat any illness or medical condition. There have been no clinical trials or evaluations of testimonies.
5. Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
6. DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS. 
7. Third Parties. The Platform contains references to third party websites, software and supporting services. We shall not be liable for any third party venues and do not guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.

3. DISCLAIMER REGARDING SUPPLEMENTS AND AFFILIATE LINKS

The Platform may contain affiliate links. However, you are under no obligation whatsoever to purchase products from the MotherWit Wellness website. You are free to purchase similar products from other retailers if you choose.

Your decision whether or not to purchase products from MotherWit Wellness will have no impact on the quality of care you receive from my medical practice. I will not treat you differently or deny services based on your choice to purchase or not purchase products from MotherWit Wellness.

Please note that dietary supplements and other products sold on the MotherWit Wellness website are not evaluated by the Food and Drug Administration. The products are not intended to diagnose, treat, cure or prevent any disease or medical condition. Please consult with your physician before taking any supplements, especially if you have an underlying health condition or are taking prescription medications.

4. INTELLECTUAL PROPERTY

1. Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
2. Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.

Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to drbrittany@motherwit.earth. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material or link you claim is infringing.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of your report:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
   • “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

5. ACCEPTABLE USE POLICY

By visiting this Platform, you represent and agree that:

1. You have a full capacity to enter into a legally binding agreement, such as these Terms. 
2. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed. 
3. All sales are final. You can cancel your membership at any time but we will not issue refunds.
4. You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
5.   You will ask for our permission before copying anything from our Platform for republication.
6. You will not use our Platform for anything illegal.
7. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability. 
8. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
9. You will not impede the proper functioning of the Platform.

6. PATIENT PORTAL

The Platform will provide a private portal for patients to securely access and manage their Personal Health Information (PHI) and interactions with MotherWit. All access and use of PHI will comply with HIPAA regulations.

1. Secure Access: The portal will require login using patient-provided credentials to access confidential personal health information.
2. Health Records: Relevant health records, lab reports, treatment plans, billing information etc. will be made available to patients through the secure portal.
3. Communication: Patients can communicate with healthcare staff and request appointments, medication refills etc. through the portal.
4. Responsible Use: Patients must protect their account credentials and report unauthorized access. MotherWit will take reasonable steps to ensure portal security and compliance with HIPAA regulations around access controls, audit logs, and breach notification. Any subcontractors handling PHI will be bound by HIPAA Business Associate Agreements. However, MotherWit will not be liable for external breaches of PHI.

7. SUBSCRIPTIONS POLICY

Users can purchase recurring subscription plans that grant access to specific content, services, tools etc. on the MotherWit platform.

1. Subscription Agreement: By purchasing a subscription, the user agrees to the plan details, features, pricing, auto-renewal, and these Terms of Use.
2. Account Access: Subscriptions allow personal non-transferable access to registered users only. Sharing of account access is prohibited.
3. Auto-renewal: Subscriptions auto-renew by default at the end of each billing cycle unless specifically canceled by the user at least 24 hours before the renewal date.
4. Modifications: MotherWit reserves the right to modify, discontinue or replace subscription plans and their details, features or pricing without notice.
5. Plan Changes: Users may upgrade or downgrade their subscription plan if multiple tiers are offered.
6. Account Termination: MotherWit can terminate accounts for non-payment, violations of Terms of Use, prolonged inactivity or inability to process payments. This immediately ends subscription benefits.
7. No Refunds: Payments are non-refundable regardless of usage. Cancellations stop future renewals but do not provide refunds for any unused subscription term.

8. PURCHASES POLICY

Users can make one-time purchases of specific products, content or services through the platform.

1. Purchase Process: By making a purchase, the user agrees to the associated terms and conditions. Applicable taxes are added to listed prices during checkout.
2. Eligibility: We reserve right to determine eligibility and deny purchases to any user at its sole discretion.
3. Product Delivery: Purchased digital products are delivered electronically through the platform upon successful order completion and payment processing.
4. No Refunds: Purchases are non-refundable once successfully processed, regardless of usage.
5. Account Termination: We can terminate accounts anytime by refunding the purchase amount (if applicable). This immediately ends access to any offerings acquired through purchases.
6. Modifications: We reserves right to modify, discontinue or add purchase options at any time based on business objectives, without notice.

9. USER GENERATED CONTENT POLICY

In the future, the platform will allow users to upload content, including reviews, to share their experiences and feedback.

1. Content Responsibility: Users are solely responsible for the content they upload, ensuring it is accurate, non-defamatory, and adheres to community guidelines.
2. Moderation: We reserve the right to review, moderate, and remove any user-generated content that does not comply with platform guidelines or is deemed inappropriate.
3. License Grant: By uploading content, users grant us a non-exclusive, royalty-free license to use, reproduce, and display the content on the platform.
4. No Endorsement: User reviews and content do not reflect the views or opinions of MotherWit Integrative Medicine. The platform does not verify or endorse any user-generated content.

10. SOCIAL MEDIA POLICY

Our Platform reserves the right to review, edit, modify or remove any user-generated content posted on our social media pages, as deemed appropriate at our sole discretion.

We aim to monitor our social channels to ensure content aligns with our guidelines. Please notify us immediately if you encounter inappropriate content.

User comments may be edited or deleted if they are abusive, irrelevant, promotional, defamatory, or otherwise objectionable.

Our social media presence is intended for general informational and educational purposes only. It does not constitute professional medical advice. Please consult a doctor regarding any health concerns and call 911 or your physician in case of emergencies.

All images, videos or other media posted by us are copyrighted. Please contact us to request permission prior to reusing our content: drbrittany@motherwit.earth

By submitting user generated content, you grant us a non-exclusive license to use it for our promotional purposes across channels. This is in addition to any third-party platform terms.

You acknowledge the public nature of social content and release us from liability regarding third party usage of submissions. If you do not agree, refrain from posting.

11. EDUCATIONAL BLOG

The Platform features an educational blog that provides health and wellness insights to establish the expertise of MotherWit Integrative Medicine.

1. Informational Only: The blog content is provided for general informational and educational purposes only. It should not be considered medical advice or used as a substitute for professional medical care.
2. Consulting Healthcare Professionals: Users are advised to consult with qualified healthcare professionals before making any medical decisions or changes to their health regimen based on blog content.
3. Reproduction Prohibited: Users may access and read the educational blog content. However, reproducing, distributing, or publishing any blog posts or excerpts without prior written consent from MotherWit Integrative Medicine is strictly prohibited.
4. Attribution: If prior written consent is granted for reproduction, proper attribution must be given to MotherWit Integrative Medicine and the author. The reprinted content must link back to the original blog post on the platform.
5. Comments: Users may engage by commenting on blog posts, provided the discourse is civil and constructive. MotherWit Integrative Medicine reserves the right to moderate or remove comments.

12. CONFIDENTIALITY

Users shall not disclose any confidential information including but not limited to medical history, health data, treatment plans, diagnoses etc. obtained through the platform to any third party.

Users must comply with all applicable privacy, data protection and confidentiality laws. They are expected to adopt stringent measures to prevent unauthorized access to confidential data.

Any actual or suspected confidentiality breach must be immediately reported to MotherWit Integrative Medicine and requisite action taken to mitigate impact.

13. BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.

14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

1. EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM.  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. 
2. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

16. ARBITRATION; CLASS ACTION WAIVER

1. Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Idaho. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial. 
2. Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

17. GENERAL

1. Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
2. Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
3. Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments. 
4. Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none. 
5. Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable. 
6. Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
7. Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
8. Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

18. CONTACT US

Please address your questions and feedback to: drbrittany@motherwit.earth