Terms and Conditions

Terms and Conditions

Please read and review these terms and conditions carefully before using this Site.

General Terms and Conditions

The information provided by DrMache.com (“us”, “our” or “we”) on this website and related HealthRock, LLC sites,  Facebook LIVE,  and other online or mobile services (collectively, the “Site”) is for your education and general information only.  It’s purpose is to educate you on various health topics, serve as a bridge between you and your health care professional so that you can be more informed when you discuss your particular healthcare concerns and questions with your individual health care professionals and to provide health care related information, including but not limited to text, graphics, images, audiovisual recordings, tools, information obtained from licensors and other third parties, and other material contained on the Site (“Content’) to users. It is not intended as medical advice, and should not be relied upon as a substitute for professional medical or psychological care.

Use of the Site is governed by these terms and conditions of use (“Terms and Conditions”).  Use of this Site does not obligate us to follow-up or contact users of this Site.

Medical Disclaimer

The Content on this Site is intended to provide helpful health information for users and is designed to supplement other sources of medical information.  The use of this Site does not create a physician-patient relationship.  Never disregard professional medical advice, or delay in seeking it because of something you have read on this Site. Never rely on information on this Site in place of seeking professional medical advice.

Great effort is made to provide information that is accurate and current, however it is possible that this Site may include dated, incomplete or inaccurate information. Users of this Site should be aware that information about health care changes constantly; since this Site is only updated periodically, it may not contain the most recent information.

We do not endorse any specific tests, physicians, products, procedures, opinions, or other information on the Site or in the Content. Use of the Site or the Content contained on the Site is voluntary. We regard all use of the Site and Content as voluntary and reliance on the Site and Content is solely at your own risk.

If you think you may have a medical emergency, call your health care professional or 911 immediately.

Links to Third Party Web Sites

We have not reviewed all of the sites that may be linked to this Site and makes no warranties or representations as to the accuracy and/or any other aspect of the information contained in any off-site pages or any other site linked to this Site. All users agree that the linking is at their own risk and they are using the Site “as is”.

A link to a web site not maintained or controlled by us does not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such linked web sites.

User Agreement

You represent that you are 18 years of age or older and are fully able and competent to enter into these terms and conditions and to abide by and comply with these Terms and Conditions.

Modifications to Terms and Conditions

We reserve the right to change or modify these Terms and Conditions at any time and in our sole discretion. Your continued use of any of the Site following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms and Conditions and to review such changes. If you do not agree to the amended terms, you must stop using the Sites.

Intellectual Property

The Site may contain or reference logos, trademarks, copyrights or other proprietary rights of ours, our third party vendors and other third parties. Nothing on the Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights or other proprietary rights of ours, any of our third party vendors or other third parties.

All rights in all Content on the Site are reserved by us or its third party vendors or other third parties. All Content on the Site is protected by applicable copyright laws. Title to Content owned by us, our third party vendors or other third parties remains with such parties. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Content on this Site may not be copied except as expressly provided. We authorize you to copy Content on this Site for personal, non-commercial use only. Any copy of Content from the Site must retain all copyright and other proprietary notices that are in the Content. No license or right in the information is conferred to you.   Any other use of the Content is strictly prohibited without the prior written permission of us, our third vendors or other third parties with rights in such Content.

Privacy

Please see our Privacy Policy at https://drmache.com/privacy-statement/ for a description of how we will manage information about you.

Disclaimer of Warranties

THIS SITE AND THE CONTENT AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ‘AS IS’ BY US.  WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.  ALTHOUGH WE HAVE MADE REASONABLE EFFORTS TO ENSURE THAT THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT, TIMELY AND USEFUL WE DO NOT WARRANT OR GUARANTEE THE ACCURANCY, COMPLETENESS, RELIABILITY, CORRECTNESS, TIMELINESS OR USFULNESS OF ANY CONTENT OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR CONTENT THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MONETARY DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR BREACH OF WARRANTY CLAIMS) OR CONNECTIVITY TO OR FROM THE SITE TO ANY OTHER SITE EXCEPT WHRERE SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.  IN ADDITION, NEITHER WE NOR OUR LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE CONTENT ON OR PROVIDED THROUGH THE SITE.  OUR SOLE RESPONSIBILITY TO YOU IS TO SUPPLY HEALTH RELATED INFORMATION AND NO PATIENT-PHYSICIAN RELATIONSHIP IS CREATED.

Indemnification 

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site and the Content or your violation of these Terms and Conditions or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Digital Millennium Copyright Act

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to the Site is as follows:

By mail:

Stacey Friends

Ruberto, Israel & Weiner, P.C.

255 State Street, 7th Floor

Boston, MA 02109

 

or by email:

scf@riw.com

Or by phone:

(617) 742-4200

General

You agree that: (i) the Site shall be deemed solely based in the Commonwealth of Massachusetts; and (ii) the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Massachusetts. These Terms and Conditions shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Boston, Massachusetts. These Terms and Conditions, together with the Privacy Policy and any legal notices published by us on the Site, shall constitute the entire agreement between you and us concerning the Site. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. If any provision of these Terms and Conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Contact Information

Thank you for your cooperation. We hope that you find the site helpful and convenient to use.  Questions or comments regarding this Site should be directed to info@DoctorSeibel.com.

Copyright ©2017.  All rights reserved.