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Terms and Conditions of Use
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (“AGREEMENT”). WE MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE WILL MEAN YOU ACCEPT THOSE CHANGES.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE!
The Drschwarzbein.com website (the “Website”) is owned and managed by Schwarzbein Principle Programs, Inc. a California corporation established in 1988 by Diana Schwarzbein, MD (“SPP” “we” or “us”).
I. The Website Does Not Provide Medical Advice
The information, articles, photographs, videos, audio recordings, and any and all services provided on the Website (“Content”) are provided solely for informational and educational purposes. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never alter, follow, or disregard professional medical advice or delay seeking medical advice from a licensed practitioner because of something you read on the Website! Reliance on any Content is solely at your own risk.
II. Use of Content
All Content is protected by the copyright laws of the United States and of certain foreign countries. SPP authorizes you to view or download a single copy of the Content on the Website solely for your personal, noncommercial use provided you include the copyright notice located at the end of the material, for example:”©2018, Schwarzbein Principle Programs, Inc. All rights reserved in all media.” and any other copyright and proprietary rights notices that are contained in the Content.
Title to the Content is and shall remain with SPP or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change or termination without notice in the editorial discretion of SPP. All rights not expressly granted herein are reserved to SPP and its licensors.
SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT, SPP GRANTS TO YOU A PERSONAL, NON-EXCLUSIVE, NONASSIGNABLE, AND NONTRANSFERABLE LICENSE TO USE THE SITE AND ACCESS THE CONTENT FROM A SINGLE COMPUTER AND TO USE THE WEBSITE IS PERMITTED UNDER THIS AGREEMENT.
You agreed to use the Content solely for your own personal use. You agree not to copy, download, published, redistribute or create new works from the Content without the prior written permission of SPP. However, SPP does permit you to make, solely for your own personal use, and subject to the terms of this Agreement, a single copy or download of the Content without further permission from SPP. You may not make any unauthorized or commercial use of this Website or the Content, and you may not engage in any conduct or action that is prohibited by or violates any federal, state, or local laws.
You hereby agree that, if you violate any of these Terms and Conditions, your permission to access the Website or use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
III. Intellectual Propert
SPP owns this Website and the Content. All Content including, but not limited to, text, graphics, logos, buttons, icons, and images, the compilation (collection, arrangement, and assembly) of all Content on the Website, and all software used on the Website are the property of SPP, its licensors, partners or Content providers, and are protected by U.S. and international copyright and trademark laws.
The names, trade names, trademarks, service marks, and logos used on the Website (collectively, the “Marks”) are the property of SPP, its affiliates, content providers, partners and/or vendors.
You hereby agree not to (i) publish, copy, reproduce, redistribute, disseminate, transmit, broadcast, publicly display, sell, license, transfer, create any derivative work from, or commercially exploit any Content; (ii) link to or from, adapt or alter the Website in any manner, without prior written consent of SPP; (iii) decompile, disassemble, reverse engineer or otherwise attempt to misappropriate any software (including but not limited to source code) contained in or used with the Website; (IV) use any of the Marks in any advertising or publicity, or otherwise to indicate the sponsorship of or affiliation with SPP or any product or service offered through the Website, without prior written consent of the owner of such Mark(s); or (v) remove or alter, or cause to be removed or altered, any copyright, trade name, trademark, service mark, logo or any other proprietary notice or legend appearing on this Website.
Entities and individuals who believe that their intellectual property rights have been infringed by unauthorized use of their protected works, names, trademarks or logos appearing on this Site may email SPP at compliance@drschwarzbein.com and request that the infringing materials be removed or that access to it be blocked. SPP will use reasonable efforts to investigate complaints, and to take any action that it, in its sole discretion, believes is appropriate under the circumstances.
IV. Limitation of Liability
The use of the Website and the Content is at your own risk.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of SPP and its suppliers. Accordingly, SPP assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. SPP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, SPP, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content or any communications provided by SPP or otherwise or through the use of the Website.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website.
In no event shall SPP, its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SPP, its licensors, its suppliers, or any third parties mentioned on the Website are advised of the possibility of such damages. SPP, its licensors, its suppliers, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. SPP, its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Website, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
V. Privacy
The personal information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our Privacy Policy this Agreement shall control.
VI. Advertisements, Searches, and Links to Other Sites
SPP may provide links to third-party websites. However, SPP does not recommend and does not endorse the content on any third-party websites. SPP is not responsible for the content on any third-party websites and makes no representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
VII. Indemnification
By using this Website or the Content, you are signifying that you agree to defend, indemnify, and hold SPP, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions or causes of action, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to have resulted from, your violation of these Terms and Conditions.
VIII. General
Governing Law; Jurisdiction: These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with SPP, or in any way relating to your use of the Website, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving SPP or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Partial Invalidity: If any provision of these Terms and Conditions is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No Waiver: No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Use Outside the United States: SPP is based in California, in the United States of America and makes no claims that the Website or the Content are appropriate or may be downloaded outside of the United States. Access to the Content by certain persons in certain countries may not be legal. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Complete Agreement: Except as expressly provided in a particular “legal notice” on the Website, these Terms and Conditions and the SPP Privacy Policy constitute the entire agreement between you and SPP with respect to the use of the Website and the Content.
Survival: The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Use of Content, Intellectual Property, Liability, Indemnity, and General.
Rev. 6/2019