TERMS OF USE DR LYNN LAFFERTY, LLC

 

This Website Terms of Use Agreement (“Agreement,” or “Terms of Use”) is made by and between Integrative Health & Wellness D/B/A Dr. Lynn Lafferty drlynnlafferty.com a Florida Business (the “Company” or “Dr. Lynn Lafferty”), and you (“You,” “Your,” or “User”). This Agreement contains the terms and conditions that govern Your use of this website, www.Drlynn lafferty.com (collectively, this website and any pages within the website, and their respective content and underlying software code, the “Website”).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN THE USE OF THE WEBSITE. BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, YOU REPRESENT AND WARRANTTHAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THAT YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT. YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

DR. LYNN LAFFERTY RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS OF USE IN THE COMPANY’S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THESE TERMS OF USE IS DATED NOVEMBER 16, 2020 AND SUPERSEDES ALL EARLIER DATED VERSIONS.

  1. ACCOUNTS

    1. Account Creation. In order to use the Website, You must register for an account (an “Account”) and provide certain information about Yourself as prompted by the account registration form. You agree that all required registration information You submit will be truthful and accurate and that You will update that information promptly if there is any change.

    1. Account Login and Password. You are responsible for keeping Your password secret and confidential. You agree that you are responsible for any use of the Website made under Your password, including all communications and transactions, together with any fees, charges or other obligations that may result from such use. You are responsible for changing Your password if you believe that Your password has been stolen or might otherwise be misused or compromised. You agree to immediately notify the Company of any unauthorized or suspected unauthorized use of Your Account or any other breach of security.

    1. Account Termination. You may delete Your Account at any time, for any reason. The Company may terminate Your Account and/or deny you access to the Website in the event you violate any provision of these Terms of Use. At any time after termination of Your Account, the Company may delete from the Website all or any part of the User Materials (as defined below) associated with your Account. The termination of Your Account will not terminate Your obligations under Sections 3 through 9 of these Terms of Use.

  1. ACCESS TO THE WEBSITE

    1. License. Subject to these Terms of Use, the Company grants you a nontransferable, non-exclusive, revocable, limited license to use and access the Website solely for Your own personal use. You agree not to use the Website for any other purpose, including any commercial purpose, without the Company’s prior written consent.

    1. Authorizations. You acknowledge and agree that by providing Your Information to the Company, You authorize the Company to use Your information for the purpose of facilitating Your use of the Website, including registering You to use the services, permitting You to access Your User Materials (as defined below), personalizing communications to You, and generally improving the Website. For information regarding the Company’s use of Your information, please review the Company’s Privacy Policy, which can be accessed at www.drlynnlafferty.com/privacy-policy  

    1. Account Information. If the Company believes the information you provide on the Website is not correct, current or complete, the Company has the right to terminate or suspend Your account, refuse You access to the Website or any of its resources, and to revoke the license granted to You under Section 2.a.

    1. Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to You. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

    1. Website Support. The Company will take commercially reasonable steps to provide You with any support or maintenance in connection with the Website. However, support services are not guaranteed, and the Company reserves the right to terminate support services for the Website.

  1. RESTRICTIONS AND REQUIREMENTS RELATING TO WEBSITE USE

    1. Restrictions on Your Use of the Website. The User shall not do any of the following in connection with the use of the Website:

      1. Publish, post, distribute or disseminate any information, data, or material, or send any message through the Communications Services (as defined below), that is either (a) threatening, abusive, harassing, hateful, vulgar, sexually explicit, obscene, inflammatory, defamatory, or racially, ethnically or otherwise objectionable or harmful, (b) violates any applicable law, rule or regulation, or (c) contains any infringing or illegal content, including any content that could give rise to any liability to the Company or that which might adversely affect the Company’s public image, reputation or goodwill;

      1. Post any material on the Website that you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws or by rights of privacy or publicity;

      1. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;

      1. Solicit funds, advertisers or sponsors without prior express written approval by Dr. Lynn Lafferty;

      1. Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;

      1. Interfere with, compromise or adversely affect the ability of any other customers or other users of the Website, including the sending or accessing of any message, with the intention to interfere with the e-mails or other communications intended for other persons; or

      1. Introduce or otherwise upload programs to the Website that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.

    1. Restrictions Relating to the Website Itself. The rights granted to You in these Terms of Use are subject of the following restrictions:

      1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, either in whole or in part, or any content displayed on the Website;

      1. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website;

      1. Except as expressly stated herein, You shall not copy, reproduce, distribute republish, download, display, post or transmit in any form any part of this Website or the Website as a whole by any means or methods.

    1. Communications Services. The Website may contain comment boxes, forums, bulletin boards, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to allow you to communicate with the Company’s personnel, the internet community or with other persons or groups. When using any of the Communications Services, You agree that:

      1. You will use the Communication Services only to post, send and receive messages and content that are proper and related to the relevant Communication Service;

      1. You will adhere to these Terms of Use when using the Communication Services;

      1. You are solely responsible for all messages, data, information and other materials that You upload, store, post, e-mail or otherwise transmit to or through the Website; and

      1. Materials uploaded to any Communication Service may be subject to posted limits on use, reproduction and/or dissemination, and You are responsible for abiding by such limitations with respect to Your submissions, including any downloaded materials.

    1. Other Agreements. You agree that:

      1. You are solely responsible for all messages, data, information and other materials that You upload, store, post, e-mail or otherwise transmit to or through the Website, and that You will ensure that any e-mail sent by You clearly identifies You as the originator of the message;

      1. The Company reserves the right to remove from the Website any User Material that is prohibited under these Terms of Use; and

      1. All use of the Website shall be subject to any other rules and/or guidelines published by the Company. 

  1. PROPRIETARY INFORMATION; INTELLECTUAL PROPERTY.

    1. Ownership of Intellectual Property. You acknowledge that any information, content, or other materials available on the Website (collectively, such information, content, or other materials, the “Content”), together with the Website itself, are all the intellectual property of the Company, except for any Content owned by third parties (such Content owned by third parties, “Third Party Content”). You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including any Third Party Content, or any of the information, content, software, products or services obtained from or otherwise connected to the Website, without the prior written consent of the Company and, if applicable, the owner of any Third Party Content. Neither these Terms of Use, nor Your access to the Website, transfers to You or any other person or entity any rights, title or interest in or to such intellectual property rights, except for the limited license granted under Section 2.a. The Company does not grant, and has not granted, any implied licenses under this Agreement.

    1. Copyright and Trademark Information. All copyright and other proprietary notices on the Website, including the copyright notice in Section 9.j., or on any Content displayed on the Website, must be retained on all copies thereof. The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including the Dr. Lynn Lafferty. name or any variant thereof and/or the Company’s distinctive logo, are the property of the Company (except for any trademarks, trade names, service marks, and logos of third parties (“Third Party Trademarks”). All other Content on this Website (but excluding any copyrighted Third Party Content and Third Party Trademarks) (collectively “Copyrights”), including all page headers, custom graphics, button icons, and scripts are works of Dr. Lynn Lafferty, and Dr. Lynn Lafferty reserves all rights in such Trademarks and Copyrights. You agree that You will not copy, imitate or use any Trademarks or Copyrights, in whole or in part, except as specifically authorized by the Company in writing. From time to time, the Website will use intellectual property owned by third parties. The rights in any Third Party Trademarks or copyrighted Third Party Content on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of the Company. The misuse of the Trademark or Copyrighted works displayed on this Website, or any other Content on the Website, is strictly prohibited.

    1. User Materials. As part of the Website, You may create or provide to the Company, information, data, video, blog posts and other materials in electronic format (collectively the “User Materials”). The Company reserves the right at its discretion to collect, modify or enhance any and all User Materials. You agree to assign, and do hereby assign, exclusively to the Company all right, title and interest in and to any and all User Materials, including all copyright in such User Materials (regardless of whether such material is copyrightable under the United States Copyright Act), and to release to the Company all intellectual property rights to all User Materials.

    1. Third Party Rights. You represent and warrant that You have obtained all necessary third-party rights, including copyrights, for any User Materials that belong to third parties. It is Your responsibility to determine if it is necessary for You to obtain, and for obtaining, any licenses required to use third party content which is part of the User Materials. The Company reserves all rights not granted in these Terms of Use.

  1. THIRD-PARTY LINKS & ADS.

The Website may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are neither under the control nor under the responsibility of the Company. The Company provides access to Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When You click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with Third-Party Links & Ads.

  1. DISCLAIMERS OF WARRANTY


THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY SUCH WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR OTHER CONTENT PROVIDED THROUGH THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. ANY USE OF THE WEBSITE IS AT YOUR OWN RISK. 

  1. LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE (INCLUDING ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION), WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF DR. LYNN LAFFERTY TO YOU FOR ALL CLAIMS IN THE AGGREGATE ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU PAID TO THE COMPANY UNDER A CUSTOMER SERVICE AGREEMENT BETWEEN YOU AND THE COMPANY.

YOU AGREE TO HOLD HARMLESS THE COMPANY, ITS ASSOCIATED CONTRACTORS, MANAGERS, CONSULTANTS, PERSONS CONDUCTING INTERVIEWS ON BEHALF OF THE COMPANY AND ITS AFFILIATED ENTITIES.

THE COMPANY RESERVES THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

  1. RELEASE AND INDEMNIFACTION

    1. Release. You hereby release and forever discharge the Company (and its officers, employees, agents, consultants, contractors, including persons conducting mock interviews on behalf of the Company, and affiliates from liability and any and all claims, and you further agree to waive any right to sue the Company.

    1. Indemnification. You agree to indemnify, defend, and hold harmless the Company, and its officers, employees, and agents (collectively, the “Indemnified Parties”), from any claim or demand made by any third party or any other losses or costs due to or arising out of: (a) Your use of the Website; (b) Your violation of these Terms of Use; (c) Your violation of applicable laws or regulations; or (d) Your User Materials. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company and You agree to cooperate with the Company’s defense of any such claims or demands. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action or proceeding upon the Company becoming aware.

  1. GENERAL PROVISIONS

    1. Section Titles. The section and subsection titles in these Terms of Use are for convenience only headings are for convenience only and shall have no legal or contractual effect.

    1. Terminology. The word “including” means “including without limitation.” Terms defined in the singular shall have the same meaning when used in the plural or other grammatical form.

    1. No Waiver. No failure or delay on the part of the Company to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or of any other right.

    1. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use shall be unimpaired and the invalid or unenforceable provision shall be deemed modified so that such provision is valid and enforceable to the maximum extent permitted by law.

    1. No Agency. Neither party shall be an agent of the other.

    1. No Assignment. You may not assign Your password or any of Your rights under this Agreement without the prior written consent of the Company, and any attempted assignment without such consent shall be void.

    1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the choice of law provisions thereof.

    1. Dispute Resolution.

      1. Except as otherwise provided in subsection 9.h.ii., any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Broward County, Florida, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association.

      1. You agree that because a remedy at law may be inadequate to properly compensate the Company for any loss or damages arising from any violations or threatened violations of Sections 3 or 4 of this Agreement, it may be necessary for the Company to seek injunctive relief to effect the intent of this Agreement. Accordingly, You hereby waive any objection to Company’s attempt to seek injunctive relief as a remedy for Your breach of any of Your obligations under Sections 3 or 4 of this Agreement for which injunctive relief could be granted and you hereby consent to the jurisdiction of any federal or state court in Broward County, Florida, as well as to the propriety of venue in any such court.

    1. Entire Agreement. These Terms of Use represent the entire agreement between You and Dr. Lynn Lafferty concerning Your Use of the Website.

    1. Disclaimer. Disclaimer: The contents of this website are based on articles and opinions of Dr. Lynn Lafferty and guests who appear and write content for this website. All articles are based on the research and/or opinions of the author who retains copyright as designated. The website contents are for informational use only and are not intended as a treatment of any condition or disease, and is not intended as medical advice. If you are taking medications, have a medical condition, or  are nursing or pregnant you should consult your healthcare professional before taking any products based on information provided or sold on this site. 

    1. Copyright Notice. Copyright © Dr. Lynn Lafferty, LLC (2021). All rights reserved.