Terms of Use

Revised: January 10, 2017

The Hudson Endocrinology Medical Weight Loss (“HEM Weight Loss,” “we,” “us” or “our”) website and related social networking pages (collectively, “Website”) provides the various features, content, materials, products, and services offered or available in connection with the Website (“Online Services”) for patients and other users accessing or interacting with the Website or the Online Services (“you” or “your”). By accessing and using the Website or Online Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE WEBSITE OR ONLINE SERVICES.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are expressly incorporated into these Terms of Use by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Revised” date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be deemed to have been made aware of, accepted, and you will be subject to the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.

Healthcare Disclaimer

The Website and Online Services are provided for general educational and informational purposes only and made in good faith, without verifying the accuracy, utility, or clinical validity of any information and should not be relied on as the sole basis for making decisions. This Website may provide specific health information, none of which is intended to be specific to your medical condition. Nothing contained in this Website is intended to be construed as medical or other professional advice by HEM Weight Loss. You are responsible for making independent determinations about the information you receive on the Website or by using the Online Services and reliance on any such information provided is solely at your own risk and does not ensure a successful medical outcome. This Website and Online Services are not intended to create a physician-patient relationship. By accessing the Website, you acknowledge that no representation made by us is an examination, diagnosis, or prescription by a person licensed to practice medicine. If you have a medical complaint or suspect a medical problem, we strongly urge you to seek immediate medical attention. No warranty, representation, or guarantee is being made that any medical information provided via the Website and/or any Online Services are accurate, complete, exhaustive, reliable, current, appropriate, useful, or fit for a particular purpose. No liability or responsibility will be assumed by us for the accuracy, completeness, or usefulness of any medical information disclosed via the Website and we have no obligation to you for your use or reliance on the same, including no liability for subsequent damage or loss resulting from use of or reliance on any medical information posted on the Website.

Accuracy and Modification to Terms

Although we strive to provide accurate information on the Website, certain Online Services offered or available through the Website (such as pricing information and product availability) are subject to change and may not be accurate, complete or current. We are not responsible if information on the Website or related to the Online Services is inaccurate, incomplete, or out-of-date. We reserve the right to change, modify or remove any of the terms and conditions contained in these Terms of Use at any time or for any reason at our sole discretion. However, we have no obligation to update the information on the Website. We also reserve our right to modify or discontinue all or part of the Online Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Online Services.

License to Use Website

The Website and Online Services are intended for users who are at least 18 years old. Subject to full compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to access and use the Website and Online Services for your general information and education only, provided that you agree NOT to:

• Download any portion of the Website or Online Services, except that you may download and/or print a copy of information provided on the Website for your personal use only if you keep intact all copyright, proprietary statements and trademark notices. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from the respective copyright holder(s).
• Republish, incorporate, or otherwise use the Website or reproduce, distribute, publicly perform, or publicly display any Online Services without our express written consent.
• Use data mining, scraping, or other data gathering or extraction methods on the Website.
• Modify or otherwise make any derivative use of the Website or Online Services.
• Resell or use the Website for commercial use without our express written consent.
• Use the Website or Online Services to gain advertising or subscription revenue.
• Sell advertising on our Website or any other website, which is targeted to any of our Online Services.
• Use the Website or Online Services in any way that violates any applicable federal, state, local or international law.
• Use the Website to engage in any conduct that harasses, intimidates, bullies, or otherwise restricts or inhibits the use or enjoyment of the Website or Online Services by any other user, or which we find, in our sole discretion, harms us or users of the Website.
• Introduce any virus, Trojan horse, worm, or other malicious technology to the Website, or launch any kind of denial-of-service attack on the Website, or otherwise attempt to interfere with the proper operation of the Website.

Any use of the Website or Online Services other than as specifically authorized in these Terms of Use is strictly prohibited and will terminate the license granted in these Terms of Use. In addition, we reserve the right to refuse to grant access to or use of the Website or Online Services to any person for any reason at any time.

Copyright Policy

Unless otherwise indicated, the Website and Online Services are our proprietary property and are protected by United States and international copyright laws. All rights are reserved. You may not use the Website or Online Services for anything that is not allowed under these Terms of Use or the copyright laws of the United States. Nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Website. We have adopted a policy of terminating users of the Website or Online Services who are deemed to be repeat copyright infringers. You should be aware of and comply with applicable copyright laws. Any breach of these Terms of Use shall result in the immediate revocation of the license granted through these Terms of Use without notice to you. If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with us by email to doc@hudsonendocrinology.com. Please see 17 U.S.C. 512(c)(3) for the requirements of a proper takedown notification. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.

If you believe that any content you submitted, which was removed (or access was disabled), is not infringing, or that you are authorized by the copyright owner, the copyright owner’s agent, or by law, to post and use such content, then you may send a counter-notification to doc@hudsonendocrinology.com, acting as our designated copyright agent, containing the following information: (i) Your physical or electronic signature; (ii) Identification of the content that was removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv)Your name, address, phone number, and email address, a statement that you consent to the jurisdiction of the United States District Court, District of Delaware in Wilmington, Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content or cease disabling in in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Trademarks

The Website and Online Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Website is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Website, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Website may be distributed for commercial gain nor shall it be sold, modified or incorporated in any other work, publication, or website.

Links

You may not use our logo or any other proprietary graphic to link to the Website or Online Services; however, we permit text links to content on our Website, provided: (i) the purpose of the link is not to damage the reputation of the Website, its representatives, or users; (ii) the appearance of the link does not imply any association with us or the Website that does not exist; and (iii) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from our Website or websites linking to our Website. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Website or Online Services, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Website, you should be aware that our terms and policies will no longer apply.

Submissions

You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, or other communication or materials (collectively, “Submissions”) provided by you via our Website as a submission to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission. All Submissions will be treated as non-confidential.

Website Disclaimer

THE WEBSITE AND ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE ONLINE SERVICES ACCESSED THROUGH THE WEBSITE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ONLINE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND ONLINE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY OF ONLINE SERVICES AND OTHER CONTENT ON THE WEBSITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE WEBSITE AND ONLINE SERVICES IS AT YOUR SOLE RISK.

Changes, Interruptions and Termination

We cannot guarantee the Website and Online Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or Online Services at any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or Online Services during any downtime or discontinuance of the Website or Online Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or Online Services. We may block, deny, terminate, suspend, or limit your access to or use of the Website or Online Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Online Services on the Website or to supply any corrections, updates, or releases in connection therewith.

Limitation of Liability

IN NO EVENT WILL WE OR OUR EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR ONLINE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

As a user of the Website and Online Services, you agree to defend, indemnify, and hold us harmless, including our employees, contractors and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (i) Your use of and access to the Website or Online Services; (ii) your violation of these Terms of Use; (iii) your violation of the rights of a third party, including by not limited to intellectual property rights; or (iv) any act or omission by you related to the Website or Online Services.

Privacy

Protecting privacy of information is an important priority for us. Refer to our Website Privacy Policy to learn how we use, and disclose information collected via the Website. Please be advised the Website and Online Services are hosted in the United States. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us, we will delete that information as quickly as is reasonably practical.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Website and Online Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and performed within the State of New York, without resort to its conflict of law principles.

Questions and Feedback

If you have any questions, comments, or want to report a violation regarding these Terms and Conditions, please send us an email to: doc@hudsonendocrinology.com.