Disclaimers, Privacy Policies and Terms of Use
Disclaimers:
No Medical Advice – Disclaimer
All information contained on the Site is provided for informational purposes only, and does not constitute medical advice. Such information is not intended as, and should not be a substitute for, medical advice offered by a qualified professional. The information provided on the Site should not be used for diagnosing or treating a health problem or disease. If you suspect you have a medical problem, contact a medical professional immediately. We are not responsible or liable for your reliance on the information provided on the Site.
Any contact you have by phone, email or in person with Dr. Casas (if you are not currently a patient) in connection with the Site does not constitute a patient-doctor relationship and should not be deemed as such.
Privacy Policy:
Thank you for visiting www.manmorphosis.com, the website of Dr. Casas’ Manmorphosis™ medical practice (“we,” “our,” or “us”). In order to protect the privacy of those accessing and using the Site (“Users,” “you,” “your”), we have enacted this Privacy Policy (the “Policy”), which is hereby incorporated into our website Terms of Use. We reserve the right to modify the Policy at any time, without notice. It is your responsibility to check the Site periodically to become aware of any changes.
The Policy is intended to provide you with information as to: (i) the type of information we collect; (ii) how your information is collected, used, shared, and protected; and (iii) how you can access, modify and/or delete such information.
Please note that the Policy only applies to information collected on the Site. The Policy does not apply to, and we have no responsibility or liability for, information collected about you by any other source, including the websites linked to from our Site.
The Type of Information We Collect
The Site is a source of information about anti-aging medicine, men’s health and an advertisement for specialized medical services offered by Dr. Casas. Products are not sold directly on the Site, but Users interested in purchasing goods appearing on the Site shall be directed to the appropriate location. Users may voluntarily provide information such as their name, postal address, email address, telephone number or any other information that identifies them personally, or would enable us to contact or locate them in connection with their use of the Site. This type of information is known as “Personal Information.”
We also collect information that allows us to best serve you and maximize your experience on the Site. This information does not identify you personally (“Non-Personal Information”). Such information may include, but is not limited to, your age, product preferences, the date and time you accessed the Site, the domain and host from which you access the Internet, your browser software and operating system and/or the specific activities you are engaged in while visiting the Site.
How Your Information Is Collected and Used
We collect Personal Information from you only if you voluntarily submit such information to us, for example, by requesting to receive our newsletter or set up a consultation with Dr. Casas. We do not sell Personal Information under any circumstances. We only share Personal Information with third parties in the specific instances described in this Policy.
Non-Personal Information may be voluntarily submitted or collected automatically. We use Non-Personal Information for internal purposes, only. For example, Non-Personal Information might be used to determine how many clicks an article or screen receives from Users.
We use “cookies” and other technologies and files (collectively, “Cookies”), to identify how visitors use our Site. This aggregate tracking information may be used to help us improve and enhance the Site for all visitors. If you prefer not to have Cookies stored on your computer, you may modify your browser settings to reject most of them, or manually remove those placed on your computer. However, please keep in mind that by so rejecting the Cookies, you may be unable to fully access the offerings on the Site. [Note for client: delete this if your developer confirms you are not using cookies on the Site.]
When you communicate with us electronically, via email, or by agreeing to receive email updates from us, you consent to our use of the information you have provided, and you further consent to receive additional electronic communications from us. If you prefer not to receive such communications, please email us directly at [insert].
When Your Information Is Shared
We never intentionally disclose any Personal Information to any third party without having first received your permission. However, there are circumstances that require disclosure of information, including Personal Information, without permission. Examples of such circumstances are set forth below (this is not an exhaustive list):
- to comply with any valid governmental inquiry, legal inquiry or process such as a search warrant, subpoena, statute or court order;
- in response to an attempted breach of Site security or a physical or property threat to you or others;
- in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change; or
- to assist contractors performing services for us in connection with the Site.
Security of Your Information
We use the highest standards of confidentiality and security for this Site and for the Personal Information collected from this Site. We restrict our own employees’ access to Personal Information to those with a need to know and/or those for whom Users have granted access for purposes related to their use of the Site. Employees have an obligation to keep all Personal Information confidential.
No mechanism is totally secure, and it is always possible that someone may intercept or access communications, transmissions and/or Personal Information. For this reason, we are not responsible for any loss, corruption, unauthorized access or use of the information covered by this Policy, or damages related thereto. You must also seek to protect against unauthorized access to any information that you use in connection with this Site, and you should remember to close the browser once you have completed your activities on the Site or if you have decided to step away from your computer.
In the event that we determine that there has been a security breach resulting in the unauthorized disclosure of Personal Information to a third party, we will use best efforts to email Users whose Personal Information has been so disclosed, use best efforts to fix the problem that caused the security lapse as soon as possible.
The Site is not intended for use by those under the age of thirteen. If we become aware that a User is under the age of thirteen, we shall, to the extent technically possible, delete the Personal Information provided by such individual. Any parent of a child under the age of thirteen may contact us to request that the Personal Information provided by the child to the Site be amended or deleted, to the extent technically possible.
Accessing and Changing Your Information
You may update and/or correct your Personal Information, or seek to have such information deleted from our records, to the extent technically possible, by us emailing us at: [insert].
Opt In/Opt Out
If you “opt in” to receive information from us, you can change your mind later. If, at any time, you would like to stop receiving such information or opt out of a feature offered by the Site, you may notify us here [insert]. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request.
Linked Sites
The Site may display links to other websites (“Third Party Sites”), including websites from which goods appearing on the Site may be purchased. Third Party Sites are not controlled or owned by us. Please be aware that Third Party Sites have different privacy policies that may subject you to different privacy practices. Please review the privacy policies of these Third Party Sites to determine what information is collected on such sites and how it is used. We are not responsible for how your information is handled on these Third Party Sites, or for any losses or damages resulting therefrom.
Violations of Privacy Policy
Any violation of this Policy, as determined in our sole discretion, is grounds for immediate termination of your use of the Site, including deletion of your Personal Information.
Contact Us
If you have any questions concerning this Policy, please send us an email at:
drcasas@manmorphosis.com
Terms of Use:
These Terms of Use (the “Terms”) govern the activities of those viewing, accessing or otherwise using the Site (“User,” “you,” “your”). In addition to these Terms, your conduct on the Site is also governed by our Privacy Policy, found above and incorporated herein. Please read these Terms carefully. By accessing or using the Site, you acknowledge that you have read and understand the Terms, and agree to be bound by them.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS,
DO NOT USE THE SITE.
We reserve the right to modify the Site and Terms at any time, without notice. You can always find the most recent version of the Terms on our Site. By accessing or using the Site, you agree to and accept any changes, and are bound by the most recent version of the Terms. For this reason, we encourage you to check the Site and Terms often to be aware of any changes. The Terms are effective immediately.
Services Offered on the Site
The Site is a source of information about anti-aging medicine, men’s health and an advertisement for specialized medical services offered by Dr. Casas. Products are not sold directly on the Site, but Users interested in purchasing goods appearing on the Site shall be directed to the appropriate location.
The Site is available for your personal, non-commercial use only, which shall be limited to viewing the Site, providing information to the Site and downloading content for your personal, non-commercial use in accordance with the guidelines set forth herein.
We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features or restrict access to parts of or all of the Site without notice or liability. Unless explicitly stated otherwise, any new features which enhance the Site are automatically subject to these Terms.
Intellectual Property
All right and title to the content displayed on the Site (“Content”) is owned by us, our subsidiaries, affiliates, and licensors, or used with permission from the Content owners, and is protected under U.S. and international intellectual property law, including but not limited to patent, trademark, copyright, trade dress and trade secret law. Such Content includes, but is not limited to: (a) layout, organization, information, graphics, text, images, audio, videos, designs, compilations, data, wallpaper, icons, characters, artwork, photographs, music, sound, messages, software; (b) advertising copy, and any trademarks, logos, domain names, trade names, service marks and trade identities; (c) any and all copyrightable material (including source and object code); (d) the coding or HTML used to generate the pages, graphics, images, layout or text; and (e) all other materials related to the Site, including without limitation, the “look and feel” of the Site.
Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights in the Content (either by implication, estoppel or otherwise) are granted to you. Nothing on the Site should be construed to grant any license or right to use any Content without our prior written consent.
Limited Revocable License
Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access the Site and download, view and use the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Site’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any User’s experience.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Content and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
User Obligations
You agree to abide by any and all applicable laws, and any copyright notices, information, or restrictions contained in any part of the Site. Copying, archiving or storing any part of the Site for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from us or the applicable copyright holder as identified on the Site.
Except as provided above and pursuant to the express limited grant of rights hereunder, you may not, directly or indirectly, use, download, upload, copy, print, display, perform, reproduce, sell, lease, rent, exchange, rearrange, create a derivative work, publish, modify, delete, add to, license, post, transmit, or distribute any Content in whole or in part, including the removal or alteration of advertising, without prior written permission from us.
You are responsible for your own communications to the Site, and any consequences resulting therefrom.
In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and the Content, including, without limitation, those governing your transmission or use of any software or data.
Age Restriction
You are prohibited from using the Site if you are below the age of thirteen. By accessing and using the Site, you represent and warrant that your legal age is thirteen or above.
Prohibited Uses of Site
You are prohibited from using the Site for any unlawful purpose, as determined in our sole discretion. The following is a list of sample prohibited activities to help guide your use of the Site. Given the evolving nature of the Internet, this is not an exhaustive list and we reserve the right to suspend or terminate your use of the Site for activities not included on this list that we consider unlawful or unacceptable, in our sole discretion. [Note to client: These might not all apply to your situation, but we recommend keeping them in.]
- Submitting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing, posting or transferring (by any means) material to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s or our networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of us, our parent, subsidiaries or affiliates);
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting anything that adversely affects our business, such as discouraging any person or entity from advertising with, linking to or supplying us, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Site, interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Site, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Site;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting otherwise making available any material that exploits or harms any individual, corporation or other entity;
- Impersonating any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupting the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass or threaten another User;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
- Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
By accessing and using the Site, you represent, warrant and agree that you will comply with the above restrictions.
Security Rules
Violations of system or network security may result in civil or criminal liability. We are obligated to investigate security violations and cooperate with law enforcement authorities in prosecuting any Users who are involved in such violations. You are prohibited from engaging in any activities that violate, or attempt or assist the violation of Site security, including, without limitation, the following:
- Accessing data not intended for you or logging into one of our servers or accounts, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.
By accessing and using the Site, you represent, warrant and agree that you will comply with the above security measures.
Links to Other Websites
The Site may contain hyperlinks to other websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave our Site and be subject to the policies of the Other Sites. We do not have knowledge of, and are not responsible for, the content presented by any Other Sites, or any damages resulting there from, even if goods appearing on the Site are sold on the Other Sites. As such, we do not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented on Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by us of any Other Sites or their content. We only provide these hyperlinks to you as a convenience.
Links to Our Site
Furthermore, it is possible that third party websites might link to our Site. Any such site that links to our Site: (a) must not frame or create a browser or border environment around any of the Content of the Site; (b) may link to, but not replicate, the Content; (c) must not imply that we or our Site endorses or sponsors it or its products, unless we have given prior written consent for them to do so; (d) must not present false information about us; (e) must not use any of our trademarks without our prior written permission; (f) must not contain content that could be construed as distasteful, offensive or controversial; and (g) must not engage in behavior specifically prohibited by these Terms. By linking to any part of the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Site for any reason in our sole and absolute discretion.
Copyrights and Copyright Agents
If you believe that your work has been copied by us in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
By mail:
Ana Casas M.D.
12600 Deerfield Parkway, Suite 100
Alpharetta, GA 30004
Third Party Content and Information
The Site contains Content that is provided for your use, convenience and enjoyment. At times, third parties may provide some of the Content. You should be aware that the Content may contain errors, omissions, inaccuracies, outdated information, and inadequacies and the Content may be subject to additional terms and conditions, which may be found on the Site or in the policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content on the Site and will not be liable for damages resulting therefrom.
Third party advertisers may offer goods, services and other materials to you on the Site. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Site. [Note to client: Delete if there is no third-party advertising on the Site.]
Permissions
The Content provided on the Site is provided for your personal, informational purposes only. Any use and/or reproduction of such Content for commercial purposes is strictly prohibited unless you obtain prior permission in writing from Dr. Casas.
No Medical Advice – Disclaimer
All information contained on the Site is provided for informational purposes only, and does not constitute medical advice. Such information is not intended as, and should not be a substitute for, medical advice offered by a qualified professional. The information provided on the Site should not be used for diagnosing or treating a health problem or disease. If you suspect you have a medical problem, contact a medical professional immediately. We are not responsible or liable for your reliance on the information provided on the Site.
Any contact you have by phone, email or in person with Dr. Casas (if you are not currently a patient) in connection with the Site does not constitute a patient-doctor relationship and should not be deemed as such.
Feedback
Other than your personal information, which is governed by our Privacy Policy, we shall own any other submitted information, including but not limited to feedback, data, questions, comments, suggestions, or the like (“Feedback”). Feedback shall NOT be deemed confidential. Your submission of Feedback shall constitute an irrevocable assignment to us of all worldwide rights, titles and interests in and to such information, as well as any ideas, concepts, know-how or techniques contained therein. We have the right to reproduce, use, disclose and distribute the Feedback to others without limitation or liability. Furthermore, we have the right to use Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such Feedback. [Note to client: Delete if there is no opportunity for Feedback.]
Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.”
WE PUBLISH INFORMATION ON THE SITE AS A CONVENIENCE TO THOSE VISITING THE SITE. WHILE WE ATTEMPT TO PROVIDE ACCURATE AND TIMELY INFORMATION, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CORRECTIONS AND CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. WE DO NOT CLAIM THAT THE INFORMATION ON THE SITE IS APPROPRIATE TO YOUR JURISDICTION OR THAT THE PRODUCTS DESCRIBED ON THE SITE WILL BE AVAILABLE FOR PURCHASE IN ALL JURISDICTIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE CONTENT ON THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR LINKS TO THIRD PARTIES; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. WE DO NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE NOT LEGALLY ENFORCEABLE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. THEREFORE, THE DISCLAIMERS INCLUDED ABOVE SHALL ONLY APPLY TO THE EXTENT OF SUCH LAW IN A PARTICULAR JURISDICTION AS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE LIMIT OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS FOLLOWS: UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE, THE CONTENT, OR YOUR SUBMITTED INFORMATION; (2) THE USE OF, DELAYS OR INABILITY TO USE THE SITE; (3) INTERRUPTION OF LOSS OF BUSINESS; (4) LOSS OR CORRUPTION OF DATA; (5) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR CONTENT; (6) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (7) ANY ERRORS OR OMISSIONS IN THE SITE’S CONTENT OR TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE).
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY CONTENT ON THE SITE OR PRODUCTS OR SERVICES FEATURED ON THE SITE.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnity
You agree to defend, indemnify and hold us harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Site; (b) your violation of these Terms or any law, rule or regulation; or (c) any information you submit to the Site. You will cooperate as fully and reasonably as required by us in the defense of any claim. Notwithstanding the foregoing, we retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us herein under the Terms and under this Indemnity provision and in no event shall you settle any such claim without our prior written approval.
Governing Law
THESE TERMS AND THE INTERPRETATION OF THESE TERM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.
International Use of Site
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some data that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Jurisdiction and Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms and/or the Site. Any controversy or claim arising out of or relating to these Terms and/or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Georgia, in the City of Alpharetta, County of Fulton, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Entry of judgment for any arbitration award, or any matters that for any reason shall not be subject to arbitration, shall take place in the State of Georgia, in the City of Alpharetta, County of Fulton. You waive the defense of forum non conveniens.
You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Site and/or these Terms must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.
Termination
We may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, should we determine that you have failed to comply with any provision of these Terms, including those documents incorporated by reference. You understand and agree that we will determine your compliance with these Terms in our sole discretion. We reserve the right to deny access to all or part of the Site and deny access to any person in our sole discretion without notice or liability of any kind.
Entire Agreement
These Terms and any incorporated documents contain the sole and entire agreement between the parties with respect to the Site, and supersede any and all other prior written or oral agreements.
Section Titles
The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
Construction and Enforcement of Terms
You agree that these Terms will not be construed against us by virtue of our having drafted these Terms. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms. Failure to enforce any provision of these Terms or other applicable agreement will not result in a waiver of that term or of any other term. No waiver on our part any of these Terms will be of any force or effect unless made in writing and signed by us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No Joint Venture or other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between the parties as a result of these terms or your use of the Site.
Limitations Period
Any claim or cause of action you may have with respect to us or the Site must be commenced within one (1) year after the claim or cause of action arose.
No Assignment
You may not assign the Terms or any of your rights or obligations hereunder without our prior, express written consent. The Terms inure to the benefit of the Company’s successors, assigns and licensees.
Force Majeure
Except for our respective payment obligations, neither party shall be liable for any failure to perform or delay in performance of these Terms due to events outside of our reasonable control, including but not limited to acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks or shutdowns, or inability to secure transport.
Contact
You may contact us with any questions or concerns in connection with these Terms or the Site by sending an email to drcasas@manmorphosis.com
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