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TERMS AND CONDITIONS
If You'd Like to Contact Us|
or Make an Appointment
With Dr. Foster
YOU MUST READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE DR. FOSTERíS ESSENTIALS WEBSITE.
The mission of the Dr. Fosterís Essentials website (the "Site") is to educate consumers on health-related issues. The information provided on the Site is general and is not meant to provide medical advice or substitute for a formal medical consultation. We cannot provide specific advice or opinions regarding one's diagnosis, treatment, or specific protocols or prescribing information on the Site.
I AGREE TO THESE TERMS AND CONDITIONS AND WOULD LIKE TO ACCESS THE DISCUSSION BOARD.
Note: If you are having trouble signing onto the Discussion Board, please CLICK HERE.
Information on the Site is not intended to be a substitute for professional medical advise, diagnosis or treatment. You should always consult your physician regarding the specifics of your case.
Your access and use of the Dr. Fosterís Essentials website is subject to and governed by these Terms and Conditions of Use and all applicable laws. Before using this Site, you must agree to all of these Terms and Conditions of Use without limitation or qualification or you will not be granted access.
Dr. Fosterís Essentials may revise and update these Terms and Conditions at anytime and in its sole discretion. Your continued usage of the Site will mean you accept and agree to any such changes.
MEDICAL ADVICE DISCLAIMER
USE OF CONTENT
MODIFICATIONS TO TERMS AND CONDITIONS OF USE
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
This Site does not offer medical advice, diagnosis or treatment. The contents of this Site, such as text, graphics, images, information, and other material contained on the Site ("Content") are for informational purposes only.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Nothing contained in this Site, including the questions and answers posted, is intended to be medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and any treatment that may be appropriate for you.
Dr. Fosterís Essentials does not guarantee the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any resources, information, apparatus, product, or process available at or from this Site.
Any transmission of information from this Site to you is not intended to create nor does it create a physician-patient relationship between you and Dr. Fosterís Essentials or Cynthia Foster, MD.
Do not act or rely upon information from this Site. Seek professional medical advice from your physician or other qualified health provider.
USE OF CONTENT
You should assume that everything you see or read on the Site, including but not limited to all designs, text, graphics and files and the selection and arrangement thereof, is protected by copyright under United States and foreign laws, unless otherwise noted, and may not be used without the express written permission of Dr. Fosterís Essentials, except as provided in these Terms and Conditions of Use or in the text on the Site. Dr. Fosterís Essentials neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties who are not owned by or affiliated with Dr. Fosterís Essentials.
You may download material displayed on the Site for non-commercial personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the Contents of the Site for public or commercial purposes, including the text, images, audio, and video, without Dr. Fosterís Essentialsí prior written permission.
Images of people or places displayed on the Site are either the property of, or used with permission by Dr. Fosterís Essentials. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademark(s)") displayed on the Site (including "Dr. Fosterís Essentials," etc.) are registered and unregistered Trademark(s) of Dr. Fosterís Essentials or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) displayed on the Site without the written permission of Dr. Fosterís Essentials or such third party that may own the Trademark(s) displayed on the Site. Your misuse of the Trademark(s) displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions of Use, is strictly prohibited.
Dr. Fosterís Essentials will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.
USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. NEITHER CYNTHIA FOSTER, MD, DR. FOSTERíS ESSENTIALS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, CONTRIBUTING TO, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Without limiting the foregoing, Dr. Fosterís Essentials make no representations or warranties about the accuracy, completeness, usefulness, timeliness, reliability, or adequacy of any Content, resource, information, apparatus, product, process, or communication available at or from the Site.
Also without limiting the foregoing, Dr. Fosterís Essentials assume no liability or responsibility for any errors or omissions in the Content on the Site.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Dr. Fosterís Essentials. Accordingly, Dr. Fosterís Essentials and its affiliates, licensors, and suppliers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
Dr. Fosterís Essentials and its affiliates, licensors, and suppliers also assume no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Dr. Fosterís Essentials has not reviewed all of the sites that may be linked to the Site and is not responsible for the contents of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary. You agree that you will not send or transmit to the Site any communication or content that infringes or violates any rights of any party.
Anything you transmit or post may be used by Dr. Fosterís Essentials or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Dr. Fosterís Essentials is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
You should be aware that when you disclose personal information (including, user name, e-mail address, personal details about yourself, etc.) on the public areas of the Site (including message boards, etc.) you do so voluntarily, and that such information can be collected and used by others and may result in unsolicited messages from other posters or parties.
This policy is part of, and must be read in conjunction with the Terms and Conditions of Use. You must agree to the terms of this policy prior to using the Site.
Although Dr. Fosterís Essentials may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Site, Dr. Fosterís Essentials is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, inaccuracy, omission, falsehood, defamation, libel, slander, obscenity, pornography, profanity, or threat included in any information contained within such locations on the Site.
You are prohibited from:
1. Posting or transmitting any unlawful, threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, abusive, hateful, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
2. Posting or transmitting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
3. Posting or transmitting advertisements or solicitation of business.
4. Posting or transmitting chain letters or pyramid schemes.
5. Impersonating another person.
6. Distributing viruses or other harmful computer code.
7. Engaging in any other conduct that, in Dr. Fosterís Essentials' judgment, restricts or inhibits any other person from using or enjoying the Site, or which, in Dr. Fosterís Essentials' judgment, exposes Dr. Fosterís Essentials or any of its affiliates, employees, contractors, agents, licensors, suppliers, or Content providers to any liability or detriment of any type.
Dr. Fosterís Essentials will fully cooperate with any law enforcement authorities or court order requesting or directing Dr. Fosterís Essentials to disclose the identity of anyone posting or transmitting any such information or materials, or otherwise violating the above prohibitions or any state or federal laws.
You agree to defend, indemnify, and hold Dr. Fosterís Essentials and its affiliates, employees, contractors, agents, licensors, suppliers, and Content providers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorneys fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
Dr. Fosterís Essentials and its affiliates are based in California. You expressly agree that exclusive jurisdiction for any dispute with Dr. Fosterís Essentials, or in any way relating to your use of the Dr. Fosterís Essentials Site, resides in the courts of the State of California; and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including, without limitation, any claim involving Dr. Fosterís Essentials and its affiliates, employees, contractors, agents, licensors, suppliers and Content providers.
These Terms and Conditions of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of the terms and conditions shall be deemed a further or continuing waiver of such term or condition of any other term or condition.
MODIFICATION TO TERMS AND CONDITIONS OF USE
Dr. Fosterís Essentials may at any time, in its sole discretion, revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions of Use to which you are bound.