Terms and Conditions

Please read these terms of use carefully before using this website. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by the Shaking Medicine Foundation, which includes www.ShakingMedicine.com, is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Shaking Medicine Foundation and are the property of the Foundation and/or its third party providers. You agree that such Foundation Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Foundation hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Foundation Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Foundation. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Foundation, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Foundation.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Foundation and/or a supplier to the Foundation. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Foundation Content and contained in the Site, including without limitation the name and trademark, are either the property of, or used with permission by, the Foundation. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Foundation and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Foundation or third-party owner. The Foundation respects the copyright, trademark and all other intellectual property rights of others. The Foundation has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify us at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Foundation uses reasonable efforts to include accurate and up-to-date information in the Site, the Foundation makes no warranties or representations as to its accuracy. The Foundation assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. The Shaking Medicine Foundation, any teachers or members associated with The Foundation, any content online or on any of our associated social media does not provide professional medical advice and is not evaluated by any professional medical or governmental association. We do not claim to diagnose, heal, cure, treat or prevent any disease or health concerns. We do not offer any professional advice around using Shaking Medicine before, during or after pregnancy and so any use for pregnancy is done completely at your and your infants own risk.

   Any claims or use of terms, such as “heal” or related terms or phrases, is used loosely for lack of more appropriate terms given the limitations of written language and is not used in any way as professional medical advice. No claims are guaranteed as everyone’s experience is unique and varying.

   The Shaking Medicine Foundation, its members or its associates are not responsible in any way for problems, including health problems or any other problems, that may result from your use of this Site, any events hosted by The Shaking Medicine Foundation or any of its teachers associated with The Foundation.

   We recommend consulting a health care professional before beginning and/or throughout your practice with us. Whether or not you chose to consult a health professional of your choice, use of this Website is done voluntarily at your own risk. You agree to not hold or make any claims against The Shaking Medicine Foundation or any of its teachers or anyone affiliated with The Foundation for any reason as any use is at your own risk. If you are unsure about practicing online, then we recommend contacting us to work more personally with us, although that is still not considered professional advice, medically or in any other way, and is still done completely at your own risk. 

   All content on this site and its related social media accounts is “Licensed Content” by The Foundation and is not a substitute for professional medical advice and does not claim to be nor offer any sort of medical diagnosis or treatment. By using any content, you acknowledge there may be risk and to take full responsibility for that risk in all ways. It is important to not disregard professional medical advice.

6. When you register with the Foundation and/or this Site in any way including signing up for a course, such as the Shaking Medicine Free Introduction, the Shaking Medicine Members Portal, the Shaking Medicine Teacher Training, etc. you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Foundation. You consent to receive notices electronically by way of transmitting the notice to you by email. 
7. Any of the bonus offerings, such as the '20% off teacher training' for signing up to the Yearly Members Portal, becomes valid only once the first payment comes through after the free trial. In other words one does not get the 20% discount for signing up to a free trial and cancelling the trial before the payment goes through. The 20% discount is gifted once the payment goes through.
8. If you send comments or suggestions about the Site to the Foundation, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Foundation. No submission shall be subject to any obligation of confidence on the part of the Foundation. The Foundation shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
9. The Foundation shall use commercially reasonable efforts to restrict unauthorized access to our data and files; However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
10. The Foundation will not intentionally disclose any personally identifying information about you to third parties, except where the Foundation, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Foundation’s Privacy Policy, https://www.shakingmedicine.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
11. Neither the foundation nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The foundation does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The foundation likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the foundation’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, the foundation cannot and does not warrant or make any representations or guarantees regarding your success or income level. The foundation does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The foundation shall not be responsible for any performance or service problems caused by any third-party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
12. The foundation shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider (including, for example, your web service provider service, Stripe or PayPal payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The foundation reserves the right to determine, in its sole discretion, whether the foundation is responsible for any such malfunction or disruption. The foundation also reserves the right to limit your use of the site and/or the content or to terminate your account should the foundation determine that you have violated these terms of use, or that you have violated any other rules or conditions of the foundation. The foundation reserves the right to refuse access to the site and/or the foundation’s content, products and/or services to anyone in its sole discretion. The foundation reserves the right to determine, in its sole discretion, whether the foundation is responsible for any such malfunction or disruption. The foundation may, in its sole discretion, may offer refunds according to the foundation’s refund policy found here https://www.shakingmedicine.com/pages/refundpolicy. The foundation has the right to refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the foundation’s customer license agreement or otherwise, regardless of the reason for disruption.
13. In no event shall the foundation be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the foundation has been advised or is aware of the possibility of such damages.
14. You agree to indemnify and hold the Foundation and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Foundation may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Foundation reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Foundation with such cooperation as is reasonably requested by the Foundation.
15. The provisions of these Terms of Use are for the benefit of the Foundation, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
16. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
17. All Shaking Medicine teachers certified by the Shaking Medicine Foundation are responsible for their own insurance. For information on how to get insured please read: www.ShakingMedicine.com/teachertraining. Shaking Medicine teachers do not have to pay any fee to the Shaking Medicine Foundation in order to teach Shaking Medicine, though we do require that you give credit to the Shaking Medicine Foundation throughout your sharing of it at all times. We are a non-profit and believe we can help more people by working together. In fact, by sharing Shaking Medicine you may even earn money through our affiliate system: www.ShakingMedicine.com/teachertraining.
18. For complaints and grievances please follow our Complaints and Grievances Policy at www.ShakingMedicine.com/pages/grievance
19. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: Feb. 18, 2020