Acceptance of Terms
- We reserve the right to change these Terms at any time, with or without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically. Your continued use of the Sites and Offerings after such modifications will constitute acknowledgment and acceptance of the modified Terms.
- As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Sites and/or Content and Offerings available on the Sites.
- BY USING THE SITES AND OFFERINGS YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, THE OFFERINGS AVAILABLE ON THE SITES, OR THESE TERMS IS TO CEASE USING THE SITES AND/OR OFFERINGS.
- No Guarantees. Although Company works to provide quality information and Offerings, you acknowledge and agree that we do not promise, guarantee, or warrant that your use of the Sites will lead to any specific results. The Sites and Offerings are provided on an “as-is” basis without any warranties of quality, accuracy, or suitability for any specific or general purpose. Furthermore, we disclaim any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, material posted by you, personalization settings, or any other materials. To the fullest extent permitted by applicable law, you hereby waive any claims that you may have against Company and its Affiliates for breach of any warranty, express or implied, and further, you waive any claim related to the provision of the Sites or the Offerings.
- Temporary Interruptions. You acknowledge and agree that temporary interruptions of the Sites may occur for a variety of reasons in or out of our control. We make no representation as to the continuous or continued availability of the Sites. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings or that you may use to access them. You agree that the Offerings available on the Sites are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, accuracy, or failure to store any user communications, material posted by you, or personalization settings.
User-Provided Information & Third-Party Websites
- User-Provided Information: Your use of the Sites is subject to all applicable laws and regulations, and you are solely responsible for any information you transmit to Company through the Sites. By transmitting information to Company through the Sites, or by otherwise using any communications service or other interactive service available on the Sites, you agree that you will not transmit any comments, messages, links, code, information, pictures, or other material that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another’s privacy or includes graphic descriptions of sexual or violent content;
- victimizes, harasses, degrades, discriminates against, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- pertains to a third party, from whom you have not received permission to provide such information;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the Sites;
- impersonates any person or entity.
- Third-Party Sites and Information. The Sites may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such websites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Sites or party by us, or any warranty of any kind, either express or implied.
- Products and Promotions. From time to time, the Sites may include advertisements or information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on the Sites. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such purchase, agreement, or promotion.
Company Intellectual Property
- Definitions. For purposes of these Terms, “Content” is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Sites and is owned by Company or our Affiliates.
- Ownership of Content. All content found on the Sites is the property of Company or its third-party licensors, and Company or such third-party licensor, as applicable, reserves all rights in such content. Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with Company’s prior express written consent. Any use of the Content other than as permitted by these Terms, or any other unauthorized use of the Content is expressly prohibited and may subject you to to legal liability.
- Trademarks and Trade Dress. All graphics, icons, logos, trade names, trade dress, service names and other identifying information provided through the Sites are owned and/or controlled by Company, our licensors, our Content providers, or our Affiliates. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Company, our licensors or Affiliates, or any third parties.
- Your Use of the Sites. Company grants you a limited, revocable, nonexclusive license to use the Sites solely for your own personal purposes only and not for republication, distribution, assignment, sub-license, sale, commercial use, preparation of derivative works, or other use. You may not use any Content from the Sites for commercial use. You may not rely upon the Sites for professional medical advice and may not use the Sites for self-diagnosis or treatment of any medical or health condition. You agree not to copy the Sites, reverse engineer or break into the Sites, or use materials, products or services in violation of any law. Any use of the Sites or the Content or materials contained therein, other than as specifically authorized in the Agreement, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use rights to, any intellectual property or other right and any goodwill associated therewith. Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites at any time and to block or prevent your future access to, and use of, the Sites.
- No Warranty Against Third-Party Infringement. Neither we nor our Affiliates represent or warrant that the materials displayed on, or obtained through, the Sites will not infringe upon the rights of third parties, nor do we or Affiliates represent or warrant that your use of the Sites will not infringe upon the rights of any third party.
- Content Removal. We may remove or disable access to any materials on the Sites in our sole discretion for any or no reason. You may not rely upon the continued access to any materials on the Sites.
- If you believe that you or someone else’s copyright has been infringed by Company due to the Content provided on the Sites, you (or the owner or rights holder, collectively, “Rights Holder”) should send a notification to us immediately. Prior to sending us a notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on the Sites is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s electronic signature.
- Notice may be sent to us by e-mail at [email protected].
No Medical Advice or Physician-Patient Relationship
- The Content on the Sites is provided for general informational purposes only. The information contained in the Sites is made available with the express understanding that neither Company, nor the Sites itself, are dispensing medical advice, diagnosis or treatment. The Content of the Sites is not intended as, nor should it be considered a substitute for, professional medical advice; and should not be used for self-diagnosis or treatment of any medical or health condition. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITES, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.
- No physician-patient relationship shall be created through your use of the Sites, or by communications from Company made through or contained on the Sites including, but not limited to, the “Chat” feature available on the Sites.
- You must not rely on Company or the Sites for medical advice, diagnosis or treatment. Company will not respond to or recognize any requests for medical advice or diagnosis made through the Sites or through email. If you have a medical emergency, call a physician, qualified health care provider or 911 (or the applicable local emergency number) immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on the Sites.
- ALL CONTENT AND OFFERINGS ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THE SITES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS ON THE SITES, INCLUDING THE DESCRIPTIONS OF ANY OFFERINGS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE ON THE SITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
- THE USE OF THE OFFERINGS OR OTHER ACQUISITION OF ANY CONTENT OR SERVICES THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES YOU INCUR AS A RESULT. YOU SHOULD INDEPENDENTLY VERIFY ANY INFORMATION CONTAINED ON THE SITES WITH YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER BEFORE STARTING OR STOPPING ANY TREATMENT.
- WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITES, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OR REMOVAL OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THE SITES SHALL ALSO BE SUBJECT TO THE TERMS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold Company and 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 Sites, or any Content or information located on the Sites; (ii) your violation of any part of these Terms; (iii) your violation of any third party right, including without limitation any privacy right; or (iv) any claim that any information transmitted by you to Company caused damage to you or any third party. This defense and indemnification obligation will survive these Terms and your use of the Sites. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation of Liability & Indemnification
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITES, WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE SITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Termination of Use
- Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Sites with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Sites, and reporting you to the proper authorities, if necessary.
- No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on the Sites will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Section 1 and Sections 3 through 10 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
- International Use. The Sites are intended to be utilized from within the United States of America only. Although the Sites may be accessible worldwide, those who choose to access the Sites from other locations do so on their own initiative and at their own risk. If you choose to access the Sites from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any service, and/or information made in connection with the Sites is void where prohibited.
- Governing Law. The Sites (excluding any third-party websites) are controlled by us from our offices in Los Angeles, California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement or your use of the Sites shall be decided solely and exclusively by State or Federal courts located in Los Angeles County, California. Your use of the Sites acts as a waiver of any objection to such jurisdiction. Should you unsuccessfully challenge the enforceability of this forum selection clause, you shall reimburse us for our attorney’s fees.
- Notices. All notices to Company shall be in writing and shall be sent by e-mail at [email protected].
- No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Sites, or use of or access to the Sites or Offerings provided through the Sites, beyond the limited rights granted to you under Section 4 of these Terms. Furthermore, you agree not to frame or otherwise redistribute any Offerings on any website.
- Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through the Sites arising from any event, whether beyond our reasonable control and whether foreseeable by either party. These events include, but are not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events, whether similar to those which are enumerated above.
- Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision, or any other provision contained herein.