Introduction
This website and the services and Content offered on it (“Website”) are owned and operated by DrDeborahMD.com. By accessing or using this Website, you agree to these Terms of Use (“Terms of Use” or “Terms”). If you do not agree to these Terms, your only option is to discontinue access and use of the Website. DrDeborahMD.com may modify, add, or delete portions of these Terms at any time by posting the changes on this page. Your continued access or use of the Website after any such changes have been made means you agree to the revised Terms. If DrDeborahMD.com make any material changes to the Terms, DrDeborahMD.com will indicate, at the top of this page, the date the Terms were changed. You understand that the Website is continually evolving. DrDeborahMD.com may change or eliminate services on it with no notice, at DrDeborahMD.com' sole discretion, and without liability to you.
Privacy and Acceptable Use Policies
These Terms incorporate by reference DrDeborahMD.com' Privacy Policy. Please read the terms of the Privacy Policy carefully as you agree to them when you agree to the Terms of Use.
Medical Advice Disclaimer
This Website includes content such as text, video, information, images, and other material (“Content”) provided by DrDeborahMD.com or its licensors. This website does not provide medical advice. This website is for information purposes only. Viewing this site, receipt of information contained on this site, or the transmission of information from or to this site does not constitute a physician-patient relationship. The medical and/or nutritional information on this site 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 disregard professional medical advice, or delay seeking it because of any of the information found on this website. The products found on this site should not be used as replacements for conventional medical treatment. If you are currently on any over-the-counter or prescription medication, you should consult your treating physician regarding drug/supplement interaction. The following groups of people should check with their doctor before taking any drug or supplement:
- Pregnant women, and women who are trying to get pregnant
- Women who are breast-feeding
- Children
- Older adults
- People with health conditions.
- People taking any other medication, whether prescription or over-the-counter.
The statements made on this website, and the products shown have not been evaluated by the Food and Drug administration, and are not intended to diagnose, treat, cure, or prevent any disease.
Use and Ownership of the Website and the Content
The Content (including the selection and arrangement thereof), the layout, and the “look and feel” of the Website are protected by copyright, trade dress, trademark, trade secret, patent, and other US and foreign intellectual property laws. Except as expressly provided in these Terms, all such intellectual property rights are owned by DrDeborahMD.com or its licensors. Subject to these Terms, DrDeborahMD.com grants you a non-exclusive, limited, and revocable license to access the Website and to use the Content on the Website. Where permitted by the functionality of the Website, you may also make a single copy of such Content for your own personal use. When accessing or using the Website, you will not:
- Employ any data-mining or data-extraction tools
- Copy or adapt the HTML code used to generate copies of the Website
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of the Website
- Interfere with or attempt to interfere with the proper working of the Website
- Circumvent, disable, or otherwise interfere with security-related features of the Website
- Violate any applicable laws, rules, or regulations in any jurisdiction
- Access data not intended for you or log into a server or account that you are not authorized to access
- Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information
- Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through the Website
Trademarks
All trademarks, service marks and trade names of DrDeborahMD.com used in the site are trademarks or registered trademarks of DrDeborahMD.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DrDeborahMD.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
DrDeborahMD.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DrDeborahMD.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DrDeborahMD.com reserves the right to block or remove communications or materials that it determines to be
- abusive, defamatory, or obscene
- fraudulent, deceptive, or misleading
- in violation of a copyright, trademark or; other intellectual property right of another
- offensive or otherwise unacceptable to DrDeborahMD.com in its sole discretion
User Submissions
Subject to these Terms and the Website's functionality, you may comment on Content, contribute to forums, and otherwise submit content (“User Submissions”) to the Website. You continue to own all intellectual property rights in and to your User Submissions. By posting or uploading User Submissions to the Website, you grant DrDeborahMD.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exercise all rights in and to the User Submissions in connection with the Website and DrDeborahMD.com, including for marketing and advertising purposes in any media formats and through any media channels now known or hereinafter invented. Without limiting the foregoing, the license may also be exercised by third parties acting on DrDeborahMD.com' behalf (e.g. technology partners, service providers and independent contractors). You also grant each user of the Website ("User") a non-exclusive license to access your User Submissions on the Website and to make a single copy for their personal use.
Requirements for User Submissions
Whether or not User Submissions are published on the Website, DrDeborahMD.com offers no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize DrDeborahMD.com to use the User Submissions as contemplated by the functionality of the Website and these Terms. You understand and agree that the posting of User Submissions may require you to register for an account with DrDeborahMD.com. You understand and agree that DrDeborahMD.com may display or distribute User Submissions along with your account name and other information you provide during the registration process. When contributing User Submissions to the Website, you will not:
- Describe the health conditions of a third-party or post content that would violate any rights of privacy or rights of publicity of any third party.
- Post content that is obscene, defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity.
- Post content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property, privacy, or publicity right of another
- Post content that otherwise violates any law or regulation.
- Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships.
- Post irrelevant content or post content on inappropriate categories.
- Delete or otherwise revise or improperly interfere with any content posted by any other user of the Website.
- Post chain letters, “junk mail”, “spam,” or pyramid schemes.
- Harm or harass others.
- Contact anyone who has asked not to be contacted.
- Impersonate any person or entity.
- Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on DrDeborahMD.com's infrastructure.
No Obligation to Publish
DrDeborahMD.com may remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at DrDeborahMD.com's sole discretion, including if DrDeborahMD.com determines that a User Submission is inappropriate or fails to comply with these Terms. DrDeborahMD.com has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Website.
Advertising
DrDeborahMD.com reserves the right to sell, license, and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Website including on pages where your User Submissions may appear. DrDeborahMD.com will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
Third Party Content
Because some portions of the Website permit User Submissions, you may see third party content that was not created or selected by DrDeborahMD.com (“Third Party Content”). You understand and agree that Third Party Content does not necessarily represent the views of DrDeborahMD.com. Through your use of the Website, you may be exposed to Content, including Third-Party Content, that you may find inaccurate, deceptive, offensive, objectionable, or harmful. You assume all associated risks.
Feedback
Unless specifically requested, DrDeborahMD.com does not wish to receive any confidential, proprietary, or trade-secret information from you via the Website (including via contact email made available on the Website) or otherwise. Accordingly, if you send DrDeborahMD.com any information or creative works including articles, business or marketing plans, text, photographs, graphics, videos, tutorials, other audiovisual content, demos, ideas, suggestions, concepts, methods, systems, designs, plans techniques or other material (“Feedback”) you grant DrDeborahMD.com a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable (through multiple tiers) right and license to use, copy, reproduce, modify, adapt, print, publish, translate create derivative works from, create collective works from, distribute, perform, display, and otherwise commercialize the Feedback in any media for any purpose now known or hereinafter invented. If you send DrDeborahMD.com any Feedback you also warrant that the Feedback is not confidential or secret and that the Feedback is owned entirely by you. You also warrant that exercise of the previously mentioned license will not violate or misappropriate the intellectual property rights of any third party.
Purchasing Products through the Website.
Product Descriptions. DrDeborahMD.com attempts to describe as accurately as possible the products that are made available for purchase on the Website. DrDeborahMD.com does not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by DrDeborahMD.com is not as described, your sole remedy is to return it in unused condition.
Pricing. All prices are listed in U.S. dollars. We use a third-party payment processing company to process all transactions.
Shipping. DrDeborahMD.com will ship to any address in the United States. DrDeborahMD.com will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you select. The shipping rates for many of the items we sell are weight-based. To reflect the policies of the shipping companies we work with, all weights will be rounded up to the next full pound.
Returns. Within thirty (30) days of receipt of your shipment, you may return your purchase to DrDeborahMD.com for any reason, for a full refund. DrDeborahMD.com will also refund the shipping cost if the return is a result of DrDeborahMD.com's error. DrDeborahMD.com cannot exchange items unless they are defective or damaged. DrDeborahMD.com will not accept items returned after 30 days.
Third-Party Websites
This Website may include links that take you to third-party websites (“Linked Sites”). For example, if you click on an advertisement from one of DrDeborahMD.com' sponsors, the click may take you to another website. DrDeborahMD.com has no responsibility for the information, content, products, services, advertising, code or other material, which may be provided through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave this Website. However, even if the third party is affiliated with DrDeborahMD.com, DrDeborahMD.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DrDeborahMD.com These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DrDeborahMD.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DrDeborahMD.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. You may terminate your account at any time by sending e-mail to: info@drdeborahmd.com
Indemnification
You agree to indemnify, defend, and hold harmless DrDeborahMD.com its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account including:
- your use of and access of the Website
- your violation of any of these Terms
- your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to your User Submissions or Submitted Material (as applicable) or use of the Website
The obligations of this Section will survive these Terms.
Disclaimers
DrDeborahMD.com makes no representation as to the completeness, accuracy, or currency of any information on the website. The content and information found on the website are provided “As Is”, without warranty of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, expectations of privacy, or non-infringement. DrDeborahMD.com does not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components.
DrDeborahMD.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DrDeborahMD.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DrDeborahMD.com reserves the right to block or remove communications or materials that it determines to be
- abusive, defamatory, or obscene
- fraudulent, deceptive, or misleading
- in violation of a copyright, trademark or; other intellectual property right of another or
- offensive or otherwise unacceptable to DrDeborahMD.com in its sole discretion
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liabilities
To the fullest extent permitted by law, in no event will DrDeborahMD.com be liable for consequential, indirect, incidental, punitive, exemplary, or special damages arising out of or in connection with these Terms of Use, the use or inability to use the Website including any loss of revenue, loss of profits, or data, or business interruption, whether based on warranty, contract, tort or any other legal theory, and even if DrDeborahMD.com has been advised of the possibility of such damages. In no event will DrDeborahMD.com' aggregate liability arising out of or in connection with your use of the website, whether in contract, tort, or any other cause of action exceed $0. Any cause of action arising out of or related to the website must begin within one (1) year after the cause of action accrues, otherwise, you waive the right to bring such action.
Typographical Errors
In the event that a DrDeborahMD.com product is mistakenly listed at an incorrect price, DrDeborahMD.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DrDeborahMD.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DrDeborahMD.com shall issue a credit to your credit card account in the amount of the incorrect price.
Release
If you have a dispute with one or more users, you release DrDeborahMD.com (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Claims of Infringement
DrDeborahMD.com respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, DrDeborahMD.com will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. DrDeborahMD.com will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DrDeborahMD.com Copyright Agent the following information:
- DMCA Notice of Alleged Infringement (“Notice”)Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “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., fair use).”
- “I hereby state that the information in this Notice 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.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to DrDeborahMD.com' Designated Copyright Agent:
By mail:
DrDeborahMD.com
1607 Siskiyou Blvd.
Ashland, Oregon 97520
By email:
info@drdeborahmd.com
While DrDeborahMD.com considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.