Terms of Service

These Terms of Service apply to this site, Naked Multiple Sclerosis (www.NakedMS.me), the Site, which is owned and operated by ElanElan Limited (ElanElan) of Antigua & Barbuda. ElanElan also owns and operates the associated sites of Cure Multiple Sclerosis (www.CureMS.me) and Naked MS Relationships (www.NakedMSRelationships.me) for which similar Terms of Service apply.

By using any of the services of the Site you accept these Terms of Service, without limitation or qualification.

Specifically, if you choose to become a Member of the Site, these Terms of Service apply, and form an Agreement between You and ElanElan.

If you have any questions or concerns about these Terms of Service, please Contact Us.

1. Jurisdiction and Governing Law

This Agreement shall be governed exclusively by and construed in accordance with the laws of Antigua and Barbuda. Any and all suits, proceedings or claims in connection with this Agreement shall be presented in the Courts of Antigua and Barbuda. You hereby consent to the jurisdiction and venue of those Courts.

All transactions, financial or otherwise, which take place via the Site are deemed to take place in Antigua and Barbuda, the domicile of ElanElan.

2. Eligibility

The public parts of the Site are available for access by anyone anywhere with no restrictions.

Membership of the Site is restricted to:

  • People with Multiple Sclerosis, or people interested in helping people with Multiple Sclerosis, such as a relative, friend, or professional advisor.
  • People able to enter into a legally binding agreement (this agreement) in their country of residence.
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3. Intellectual Property

The intellectual property rights of all material forming the Site is owned, controlled or licensed by ElanElan, unless otherwise noted.

Intellectual Property Notice

Copyright © 2000-2010 ElanElan Limited, Antigua & Barbuda. All rights reserved worldwide.

Republishing

Republishing of any material from the Site without permission is forbidden.

Permission to republish extracts may be granted if:

  • You agree to include attribution and a link back to the source on the Site.
  • The planned republishing site/medium is judged by ElanElan to be complementary to the Site.

If you should wish to make use of any material from the Site, Contact Us to ask for permission, giving details of the planned usage, and agreeing to the above terms.

4. Privacy Policy, Security Policy, and Your Responsibilities

The Privacy and Security Policies for the Site, plus “Your Part”, as given on the Privacy and Security Policies page, are hereby included as part of these Terms of Service.

“Your Part” on the Policies page defines your responsibilities i.e. what you, by accepting these Terms of Service, agree to do to protect your privacy and the information about you held by the Site.

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5. Disclaimer

The Sites are for educational not prescriptive use. The aim is to share educational information and scientific research gathered from the studies and experiences of Caramia Hartley, healthcare professionals, scientists, nutritionists and informed health advocates.

None of the techniques, materials or concepts presented are a guaranteed treatment for MS or any illness or medical condition.

While all attempts have been made to verify the information provided, ElanElan assumes no responsibility for inaccuracies or omissions, or for the choices you make based on this information.

Advice and or consulting support provided by ElanElan, its directors, employees, and contractors is advisory only. Full responsibility for actions and events following from your interpretation and use of that advice and/or support rests with you.

None of the information on this website, or the advice given from any of the services, is intended to replace discussion with your own physician or other licensed health care practitioner. You are advised to consult with them before implementing any of the information and / or consulting support resulting from this site’s services.

The content of the Site has not been evaluated by any regulatory/advisory body.

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6. Payments

Recurring (Monthly) Payments

All recurring (monthly) payments for Site memberships are processed by AlertPay. If you do not already have an AlertPay account, a free account is created for you at the time of your first payment. You may pay via a credit card or balance in your AlertPay account. ElanElan cannot access your AlertPay account, and has no knowledge of your balance or credit card. All payments are final, except for the refund offered under the Guarantee below.

AlertPay emails you details of each payment transaction, and you may also view your payment history at AlertPay.

Once-off Payments

Arrangements will be made directly for any once-off payments, which typically are for one to one consulting services. Usually a bank wire transfer will be required.

Finality of Payments

All payments are final, except for the Guarantee offer below.

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7. Membership Suspension and Deletion

If a subscription payment fails, AlertPay makes two more attempts to collect the payment, with notices issued by email. If payment still fails, membership will be suspended, though all data will be preserved for six months. If payment is not restarted within six months, the NMS account and all related data will be deleted.

If the membership in question should involve content delivered on a time (monthly) basis, the content for the intervening months when payment was missed, will not be available unless an extra payment is made to cover the missed period.

8. Membership Cancellations

Site memberships do not involve a fixed term contract, and may be cancelled at any time via AlertPay and your AlertPay account, without notice or reason being given.

A cancelled membership ceases at the end of the current, already paid for period. No refund for any unexpired portion of a period is made, unless the cancellation occurs within the Guarantee period in which case you receive a full refund.

9. Guarantee

Recurring (Monthly) Memberships

Naked Multiple Sclerosis gives you 30 days in which to request a no questions asked full refund if you are not totally satisfied with the value you obtain from your membership.

Once-off Services

ElanElan offers tailored, quality one to one consultancy based on a member’s unique needs. However, the results cannot be guaranteed. Results depend largely on you, your willingness to implement recommendations, and on factors outside of ElanElan’s control.

For further details, please see the Disclaimer clause above.

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10. Comments and Posting

Only logged-in members can post comments or other content. This ensures that the owner or poster of every comment is known and recorded.

Postings to a Site must:

  • Be in English
  • Not be abusive, offensive, libellous, defamatory, or fraudulent
  • Not quote any other party’s words unless with full attribution, including link where appropriate
  • Not infringe any other party’s copyright or intellectual property rights
  • Not violate any other party’s privacy
  • Not include any links other than those relevant to a valid point of discussion, and specifically not marketing or advertising links
  • Not attempt to offer medical or consulting advice
  • Not attempt to interfere with the operation of the Site in any way
  • Not be “spam”
  • Not be part of a “flame war”

You are responsible for ensuring that any comments you post comply with the above, both in letter and in spirit. The Sites aim to facilitate free and open discussion, but courteously, while respecting the views of other posters.

ElanElan accepts no responsibility for the content of comments or the views expressed in them. That responsibility remains with the poster of the comment.

Comment Moderation Policy

All comments are moderated (reviewed) before appearing on the Site. ElanElan may edit comments as it sees fit in order to remove offensive or inaccurate material, or ElanElan may opt not to publish an unsuitable comment at all. ElanElan undertakes not to edit or refuse to publish comments which are critical of the Site or of Site content, provided that such comments do not violate the requirements above.

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11. Limitation of Liability

The following limitations of liabilities for incidental or consequential damages or implied warranties, apply:

Site Operation

Specifically, ElanElan shall not be liable on any basis for any of the following, the list being in no sense limiting:

  • Any malfunction of a Site, howsoever caused, which may prevent proper operation;
  • The loss of any data;
  • The consequences of any bug, abnormal event or technical failure.
Site Contents

Whilst ElanElan Ltd shall endeavour to ensure the reliability, accuracy and relevance of site contents, such contents are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non infringement.

See also the Disclaimer clause above.

Linked Sites

Under no circumstances shall ElanElan be liable for the reliability and accuracy of the contents of linked sites, nor is any such link an endorsement of any third party product or service, although every effort will be made to ensure the relevance of links to other sites.

Fraud

ElanElan shall not be held liable to you for any fraud that may have been committed by any third party.

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12. Indemnity

You agree to indemnify, defend and hold harmless ElanElan, its employees, Directors, independent contractors, and companies associated with the production, marketing, operation, and/or support of the Site, against any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your violation of any law.

13. Site Attacks

ElanElan views any attempt to breach the security of a Site, to deliberately damage a Site, or to attempt to undermine the legitimate operation of a Site, as a violation of criminal, civic and privacy laws. Should such action occur, ElanElan reserves the right to seek damages from the attacker to the fullest extent permitted by law.

14. Fraud

If in ElanElan’s sole judgement, you are identified as attempting to commit fraud, or as having committed fraud, any Site service you are using will be terminated immediately, and ElanElan will take appropriate legal action against you.

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15. Resolution of Disputes and Arbitration

In the event of a dispute between you and ElanElan connected with or arising out of your use of a Site, or a Site service, an attempt to resolve the dispute by best efforts communication shall first be made. If that proves fruitless in the opinion of both parties, then arbitration and mediation will be sought. Should you request arbitration, the request must be made in writing, including email, and be made within sixty days of the event giving rise to the dispute.

The arbitrator’s power to award a remedy shall be limited to awarding out of pocket costs incurred, and the actual amounts you have paid to ElanElan.

The decision of the mediator/arbitrator shall be binding and conclusive on all parties.

Each party to the mediation/arbitration shall bear their own costs, including legal fees. The fees for the mediator/arbitrator shall be split equally between both parties.

16. Changes to these Terms of Service

ElanElan shall be free to modify these Terms of Service and included Policies as appropriate, without notice or obligation to justify its decision. Any modifications shall be deemed in force, and thereby accepted by you, as soon as the change is made, and notification of the change is posted to the Site.

17. Notices

ElanElan will post notices concerning these Terms of Service and included Policies to the Blogs and/or News sections of the Site.

You may contact ElanElan via Contact Us.

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