Your use of drjoelkahn.com (the “Website”) is subject to the terms and conditions (the “Terms”) set forth below. By accessing the Website or using any content, service or product made available on the Website or a linked website by the owner of the Website (the “Company”), you agree that you are bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must leave this Website immediately. The materials contained on the Website are protected by applicable copyright and trademark law. This Website includes (a) the Website, (b) all information included on the Website, and (c) any services accessible via the Website. To get help with the Website, you may email us at drkahn@kahncenter.com.
Modification and Incorporation of Terms
The Company reserves the right to change these Terms from time to time in its sole discretion without prior advance notice. Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. You agree to periodically review these Terms to ensure that you are aware of any changes to them. In addition, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms. If you breach any of these Terms, your authorization to use this Website automatically terminates, and you must destroy all Information obtained from the Website and all copies thereof, whether made under the terms herein or otherwise. You remain bound by the Terms with respect to usage that occurred while your authorization to use this Website was in effect.
Intellectual Property
The Company and/or its licensors are the sole owners of the Website, which includes any software, method of doing business, domains, and content made available through the Website. Except as expressly authorized by the Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content on the Website. “Company Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that the Company uses in connection with its products and services. You may not remove, use, or alter any Company Trademarks without the Company’s prior written consent. You acknowledge the Company’s rights in the Company Trademarks and agree that any use of the Company Trademarks by you will inure to the Company’s sole benefit. You agree not to incorporate any Company Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies. All other trademarks not owned by the Company that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights.
Restrictions on Use
Except as otherwise indicated elsewhere on this Website, you may view, download, use or print the information available on this Website subject to the following conditions:
- The information may be used solely for personal, informational, internal, non-commercial purposes.
- The information may not be modified or altered in any way.
- The information may not be distributed by you to others.
- You may not remove any copyright or other proprietary notices contained in the information.
The Company reserves the right to revoke your authorization to view, download, use or print the information available on this Website at any time, and any such use shall be discontinued immediately upon written notice from the Company. You may not view, download, use or print the information except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit, copy or publicly display the information without the written permission of the Company.
Medical Advice Disclaimer
The content of the Website, including but not limited to text, audio, video, photographs, illustrations, graphics and other information, is presented for informational purposes only and is not medical advice, diagnosis, treatment or recommendations of any kind. Your access of the Website and of the Website content does not establish a professional or treating relationship with any health professional or other health care provider. You should seek the advice of your own health professionals with any questions or concerns you may have regarding your own needs and medical condition. You agree that you will not act or refrain from acting based on any of the Information without first seeking the services of a competent professional Your reliance on the content of the Website is at your own risk.
Testimonials Disclaimer
Testimonials found on this Website are unverified, may not reflect the typical users experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in results information, whether supplied by us or by others.
No Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT 1) THE WEBSITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, 2) THE WEBSITE AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND INFORMATION WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR 4) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS.
Although the Company strives to provide Information that is both useful and accurate, laws, regulations, data, and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, the information on the Website may not be up to date, accurate, or complete. The Company may make changes to the Information on this Website at any time without notice. In addition, portions of the information on the Website have been contributed to the Website by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and the Company expressly disclaims any liability with respect to the foregoing. The Company makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Website.
Assumption of Risk
You acknowledge and agree that you should not rely on the Website for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all of your data and information, even if it is stored, created, retrieved, or otherwise processed by the Website. You acknowledge that the Company makes no representation that (a) the Website will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Website will be accurate or reliable; or (c) any errors on the Website will be corrected. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THE WEBSITE, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION RESULTING FROM COMPUTER VIRUSES.
Account Security
You are responsible for safeguarding the password, if any, that you use to access the Website or other sites linked to this Website, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify the Company of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of information to the Company, it is your responsibility to use a secure encrypted connection to communicate with the Website.
Waiver and Limitation of Liability
You agree that neither the Company nor any of its agents, officers, directors, participating healthcare providers, owners or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your access to or use of this Website or any website referenced in or linked to this Website.
IN NO EVENT SHALL THE COMPANY OR ITS RESPECTIVE AGENTS, OFFICERS, DIRECTORS, PARTICIPATING HEALTHCARE PROVIDERS, EMPLOYEES, OWNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, COMPUTER OR SOFTWARE DAMAGE, PROFITS, OR IDENTITY THEFT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INFORMATION OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, INFORMATION OR LINKED SITE, AS APPLICABLE.
Notwithstanding the foregoing paragraph, in the event that the Company is found liable to you for any reason whatsoever (including if the foregoing paragraph is found unenforceable), you agree that the total liability of the Company and its agents, officers, directors, participating healthcare providers, owners or suppliers, if any, for losses and damages suffered by you arising out of or connected with your use of or access to this Website shall not exceed one thousand dollars ($1,000.00) in the aggregate.
Indemnity
You agree to indemnify and hold harmless the Company and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your use of the Website, your violation of the Terms, or your violation of any rights of another.
Consumer Disclosures Related to Affiliation, Partiality and Compensation
There may be a financial relationship between the Company and some of the products or services which are reviewed, recommended, or promoted on the Website.
Material Affiliation. You should assume that any time a product or service is mentioned on the Website, the Company may be compensated. Any recommendations made by the Company for any product or service have been made in good faith, based on either the Company’s own use of the product, or based on the merit of the product in public opinion.
Partiality Statement. Because the Company may be compensated when a product or service is mentioned on this Website, a bias for those products may exist. Every effort has been made to ensure that all reviews are accurate and true, but some bias can be assumed simply because of the material relationship between the owner and the companies involved.
Compensation. The Company may receivemonetary compensation for the links on this Website. If you purchase a product that you find on this Website, the owner may be paid a commission, for example. This disclosure has been made to let you know that any link you may find on this Website should be assumed to have some financial benefit for the Company. While this may not always be true, it should be assumed that it is.
Links to the Other Websites
This Website contains links to third-party websites that are not under the control of the Company. The Company makes no representations whatsoever about any other website you may access through this Website. When you access a non-Company website, you do so at your own risk, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. The Company provides these links merely as a convenience, and the inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such websites.
User’s Representations, Warranties, and Conduct
The Website is not directed at and is not intended to be visited by minors. You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into and be bound by these Terms. No visitor to our website who is under the age of 18 should provide any personal information to us. If you are a minor, do not visit our website, blogs, or social media sites, and do not send any type of personal information about yourself to us or to our website. You represent and warrant that you have read these Terms and that you agree to be bound by them and to comply with your responsibility as stated in these Terms of Use.
By using the Website you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Website; (2) use the Website for any unlawful purpose, including but not limited to infringing on any third-party intellectual property in violation of applicable copyright or trademark laws; or (3) resell or export the software associated with the Website.
Information, Privacy, and Content Submission
By using the Website, you may submit your personal information or the personal information of others to the Company, or you may have access to the personal information of others through use of the Website. Any information that you submit or that we collect when you are using the Website is subject to the Company Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms. Subject to the terms of the Privacy Notice, we may need your permission to do certain things that you ask us to do with your information or the information of others. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. You agree that you are solely responsible for the content you submit to the Website. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms and with the Privacy Notice. If any of the content that you use in connection with the Website is the protected intellectual property of others, you are responsible for and liable for how you use that content. You agree that the Company is free to use any comments, information, or ideas contained in any communication you may send to the Company without compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website or other products or services.
Termination
We reserve the right to suspend or end the Website or support for the Website at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use of the Website if you are not complying with these Terms, or if you use the Website in any way that would cause us legal liability or disrupt others’ use of the Website, as we may determine in our sole discretion.
Governing Law
These Terms shall be governed by the internal laws of the State of Michigan, without reference to its conflict of laws provisions. This Website is solely directed to individuals residing in the United States, and the Company makes no representation or warranty that the Website is appropriate or available for use in other jurisdictions or locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Binding Arbitration
You agree that any controversy, claim, dispute or proceeding involving the Company and you arising out of or related to the Website or these Terms of Use or the Privacy Policy shall be resolved exclusively by arbitration, held in Oakland County, Michigan, in accordance with the rules of the American Arbitration Association. Arbitration fees and costs shall be split equally. You are responsible for your own attorney’s fees. Any decision or award of arbitration shall be final and binding upon the parties and shall be enforceable by entry of a judgment by any court of competent jurisdiction. Notwithstanding the foregoing, you agree that the Company may seek and obtain injunctive relief, specific performance or other equitable relief, as appropriate, for any breach or threatened breach of the Terms of Use, in any court of competent jurisdiction, without resorting to and/or in addition to proceeding with arbitration.
Time Limitations on Claims
You agree that any cause of action or claim you may have arising out of or with respect to the Website or these Terms must be commenced within one year after your claim or cause of action arises, or be forever barred, regardless of any statute or law to the contrary.
Force Majeure
The Company will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, the Company will be excused from any further performance of its obligations effected by the event for so long as such performance is effected by the occurrence of any such event.
Export Laws: The Website may be subject to U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, must: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use the Website to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide the Website to prohibited countries and entities identified in the U.S. export regulations.
Notice
You agree, for purposes of these Terms, that the Company may give notice to you by posting such notice on this Website or, if applicable, by a U.S. mail address or an email sent to an email address supplied by you. You may, for purposes of these Terms, give notice to the Company by email addressed to drkahn@kahncenter.com
Agreement
You agree that these Terms constitute the sole and exclusive agreement between you and the Company with respect to the Website. These Terms may be updated at any time by the Company, without prior notice, effective upon posting on the Website and which shall supersede all prior agreements between you and the Company with respect to such Terms.
Proprietary Rights
The Company reserves complete and sole discretion with respect to the operation of this Website. The Company expressly retains all proprietary and ownership rights to the Website and the information on the Website, subject only to the provisions of these Terms.
Severability/Non-Waiver
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions of these Terms shall be enforced. The failure by one party to act with respect to a breach by the other party under these Terms does not waive the first party’s right to act with respect to subsequent or similar breaches.
