LEGAL DISCLAIMER, IN PLAIN ENGLISH
Personalized Wellness Plans are designed for generally healthy people and for people with chronic, stable conditions and symptoms. Personalized Wellness Plans (PWP) are not appropriate for acute disease or for a new illness, especially with significant symptoms that have not yet been appropriately evaluated by your local primary care provider. Please see your local health care provider for acute illness, new symptoms as well as for your ongoing care. Virtual Medicine has limits, as does Dr Sachs’ role as a consultant.
Dr Sachs reserves the right to reject your PWP application and refund your fee, if she feels she cannot safely help you.
WEBSITE TERMS AND CONDITIONS OF USE
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS (‘TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MUST NOT USE THE THIS WEBSITE.
Effective Date: October 15, 2015
1. Definitions.
“FMIC” “We,” “Us” or “Our” means Functional Medicine & Integrative Care LLC or its affiliated companies, including company(s) under the same common control as FMIC who are providing services to you, as applicable.
“Service” means this Site and any and all content, software, data, information and materials contained therein and transactions completed thereon.
“Third Party Content” means certain third party analysis, content, tools, features, materials, websites, services or advertisements which FMIC makes available on or through this Service, or to which FMIC links on any Site.
“You” or “Your” means individuals who are authorized by Us to use the Service, and have been supplied user identifications and passwords by Us.
2. Binding Agreement.
The Privacy Policy and any other terms and conditions on this Site that govern particular features of the Site (the “Additional Terms”) are incorporated into the Terms by this reference. The Terms, Privacy Policy and Additional Terms (collectively, the “Agreement”) sets forth the terms and conditions which govern your access to and use of the Site. The Agreement sets forth the entire, final and exclusive agreement between FMIC and you with respect to your use of, and access to, the Service, and supersedes all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Service. This Agreement is effective between you and FMIC as of the date of your acceptance of this Agreement.
FMIC shall not provide insurance or reinsurance broking, risk consulting, claims or other services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose FMIC or its affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or under other trade or economic sanctions, laws or regulations
3. Our Proprietary Rights.
3.1 As between FMIC and you, and subject to your right, title and interest in data you submit through this Service or otherwise provide or submit to FMIC, FMIC owns all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, FMIC reserves all rights, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to You hereunder other than as expressly set forth herein. This Service and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of FMIC and to comply with all reasonable written requests made by FMIC or its third party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.
3.2 Physiology before Pharmacology™, “Treat the cause”, and our other trademarks and service marks are the property of FMIC. FMIC’s trademarks and trade dress may not be used in any form without the prior written consent of FMIC, and any use shall be subject to FMIC’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by FMIC that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FMIC.
4. License.
4.1 Subject to this Agreement, FMIC hereby grants you a non-exclusive, non-transferable license for your personal or household purposes and in order to manage information regarding your wellness interests and goals: (i) to access and use the Service; (ii) to access and use reports, materials or other content generated through or available on the Site; and (iii) reproduce or distribute solely within your family or approved healthcare providers, personalized wellness plans, or other customized content generated through or available on the Site. All rights not explicitly granted in this Agreement are reserved by FMIC. You may not use the Site in any manner inconsistent with this Agreement.
4.2 You shall not remove any copyright, patent, trademark or other proprietary or restrictive notice or legend contained on of the Sites, and you shall reproduce all such notices and legends on all copies of documents, reports and other materials downloaded, printed or distributed from the Service which copies are permitted to be made hereunder.
5. Restrictions on Use.
5.1 Except as otherwise expressly provided in these Terms or on the Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, including without limitation any wellness plan generated through the Site, or any portion thereof from or linked to the Service, except with the express written consent of FMIC or its third party licensors.
5.2 You agree that your use of the site is not for purposes of obtaining medical advice. You agree that you will not use this Site and the Services as a replacement for medical advice. You also agree that you will not use the Services if you are in need of immediate medical attention such that your use of the Service might endanger your health. We reserve the right to refuse the Services to anyone who, in Our sole discretion, is unable to comply with this Section.
5.3 In addition, you agree not to:
(a) Use or access the Site for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights;
(b) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;
(c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FMIC without express written consent;
(d) Make any commercial or non-fair use of the copyrighted materials, trademarks, logos, symbols, or any other mark, device, or commercial identifier of FMIC or any of our third party licensors without the express written consent of FMIC;
(e) Use or access the Site in a manner that could damage, disable, overburden, or impair any FMIC server or the networks connected to any FMIC server;
(f) Interfere with any third party’s use and enjoyment of the Service;
(g) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any FMIC server through hacking, password mining, or any other means;
(h) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); or
(i) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
6. Your Responsibilities.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Service by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Service; and (iii) use the Service solely in accordance with any online user guides or instructions made available on or through the Site. You shall not disclose or share any ID(s) and password(s) used to access this Service. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to monitor strictly your users’ use of the Services and enforce the Terms and Additional Terms in your organization. You agree to notify FMIC in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.
7. Documents; Your Instructions and Requests.
7.1 You may be able to use certain parts of the Service to create, store, or access your wellness program, documents, reports and other materials (“Materials”). You acknowledge and agree that when the Agreement terminates in accordance with these Terms your access to such Materials through the Service may terminate, and that following such expiration or termination Materials may be archived or deleted from the Service in accordance with our applicable records retention policy(ies). We do not guaranty the availability of Materials or any other content or materials on the Service, and you acknowledge and agree that Materials stored on or through this Site may be archived or deleted periodically in accordance our applicable record retention policy(ies).
7.2 You agree that if you use the Site to give instructions to FMIC or to request a service or document, FMIC shall not be deemed to have accepted such instructions or to have processed such requests until FMIC communicates acceptance to you or your organization.
8. Links And Third Party Information.
8.1 Third Party content or products are not maintained or controlled by FMIC, and FMIC does not independently verify, prescreen or monitor any such Third Party Content. While we believe the Third Party content and products are from reliable third party sources, we are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party content or products. FMIC does not make any endorsement, express or implied, of any Third Party content or products.
8.2 Service features that interoperate with Third Party content or products depend on the continuing availability of such third party services and materials for use with the Service. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Service features.
9. Disclaimers and Limits of Liability.
9.1 The information contained in this Service provides a general overview of subjects covered, is not intended to be taken as medical advice regarding any individual situation and should not be relied upon as such. Individuals should consult their medical providers regarding specific medical issues. FMIC is not responsible for accuracy of any Third Party Content containing information or other materials concerning the medical condition or wellness of any individual.
9.2 THE SERVICE, INFORMATION, AND OTHER THIRD PARTY DATA ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9.3 FMIC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.
10. Indemnification.
10.1 We shall defend you against any claim, demand, suit, or proceeding (“Claim”) made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify You for any damages finally awarded against you in connection with any such Claim; provided, that you (a) promptly give us written notice of the Claim; (b) give us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases You of all liability); and (c) provide to us all reasonable assistance, at Our expense.
10.2 You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of this Agreement, or the data or information you submit through the Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release us of all liability); and (c) provide to you all reasonable assistance, at our expense.
10.3 This Section 10 (Mutual Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of Claim described in this Section.
11. Changes to Agreement.
FMIC reserves the right to make changes, modifications, amendments, and/or updates to this Service and the Agreement. When these changes are made, we will make a new copy of the Agreement available on this Site. Changes to the Agreement shall be effective when posted. You understand and agree that continued use of the Site after the Agreement has changed will be treated as your acceptance of the updated Agreement.
12. Term and Termination.
This Agreement commences on the date you accept it and continues until terminated in accordance with this paragraph. You may terminate your use of the Service without cause at any time upon written notice to us. We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with FMIC for any reason. Sections 3 (Proprietary Rights), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law) and 17 (Miscellaneous) shall survive any termination or expiration of this Agreement. We shall have no obligation to maintain or provide you a copy of any of your data in the Service following termination or expiration of this Agreement, unless otherwise specified in other applicable agreement between you and FMIC, or unless legally required to be retained. UPON TERMINATION OF YOUR ACCESS TO OR USE OF MATERIALS STORED IN THE SERVICE WILL NOT BE ACCESSIBLE THROUGH THE SERVICE.
13. Governing Law.
This Agreement shall be governed by the laws of the State of Connecticut, without reference to the principles of conflicts of laws thereof. You hereby irrevocably and unconditionally accept and agree to submit to the exclusive jurisdiction of any state or federal court in the County of Litchfield, Connecticut to hear any dispute relating to this Agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
14. Agent For Notice Of Claimed Copyright Infringement.
FMIC respects the intellectual property rights of authors. To assist copyright owners, FMIC has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Site. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
Functional Medicine & Integrative Care LLC
15 Bennitt Street
New Milford, CT 06776
15. Injunctive Relief.
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to FMIC or its licensors that may not be adequately compensable in money damages, and for which FMIC will have no adequate remedy at law. You, therefore, consent and agree that FMIC may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
16. Miscellaneous
We may assign our rights and obligations under this Agreement, without notice, to: (a) any affiliate of FMIC; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of FMIC or any affiliate of FMIC. This Agreement may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments regarding the Service or the Agreement should be directed to FMIC at: mail@tsachsmd.com, or through the website’s “contact us” functionality.