TERMS AND CONDITIONS OF USE POLICY
Last updated: September 17, 2006.
DrGalitzer.com is an online information and communications service (the “Service”) provided by DrGalitzer.com and from other sources. Use of the Service is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, DrGalitzer.com is referred to as “we” or “us.”
General terms and conditions
Your access and use of this site and its services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site or its services.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on health care and medical issues that may affect their daily lives. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
Because of the designated purpose of this site and the services it provides, you agree that DrGalitzer.com does not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute “doing business” in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing “minimum contacts” with any jurisdiction outside of the state of Minnesota.
We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please dial 911 or call for emergency medical help on the nearest telephone.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to DrGalitzer.com for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
Warranties and limitation of liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
By registering to use this site, users will create a personal profile account. Users agree to maintain the security of all user identification, password and other confidential information relating to the use of their Service account.
Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
Users will not use this site for any purpose in violation of local, state, national or international laws.
Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
Users will not impersonate another person or create any false DrGalitzer.com account information or health record for themselves or others.
Users will not hold us, or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the Service.
Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
Users agree to comply with all user responsibilities and obligations as stated in these Terms of Service.
All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these Terms of Service.
You agree that this Agreement is entered into between you and us in the State of California, United States of America, and is performed within the State of California and governed by and shall be construed in all respects under the laws of the State of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the California State District Court sitting in Sacramento County, California, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of California, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Termination of services
If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement and your account is being terminated. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.
Copyright and trademarks
The marks “The Younger You”, “Your Power to Win with Cancer”, and DrGalitzer.com logos are trademarks and service marks of Dr. Michael Galitzer.
The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).