Terms Of Use
1. This website, including all content, software, data images, and services provided by the Company on the website (collectively the “Site”) is owned and operated by Telos Functional and Integrative Medicine LLC, a Wisconsin Limited Liability Company (referred to herein as the “Company”). The following terms and conditions (“Terms”) apply to your use of the Site. You “use” the Site anytime you access, view, link to or from, or connect to the Site or interact or communicate with other users through the Site. Your use of the Site signifies your agreement to be bound by these Terms, and the Company’s privacy policy which is incorporated into these terms (“Policy”). You should read these Terms and the Policy and not use the Site if you do not agree with any of the Terms and Policy.
2. If you are not a United States (“US”) resident and access or use this Site, then that it is your responsibility to make sure that your use of the Site complies with all applicable laws in your country. If you submit your personal information on the Site and you are not a US resident, then you hereby consent to the transfer of information to the Company’s servers in the US and the processing of such information on the Company servers where such information or data will be governed under the laws of US which may provide a certain protections which are different than your country.
3. Company reserves the right, in its sole discretion, to change or modify these Terms and the Policy, without notice to you. Any changes or modification shall become effective when posted. Your continuing use of the Site will be considered acceptance of those changes. If you object to any such changes, you have the right to cease using the Site. Your use of certain services, features, or programs offered on or through the Site may be subject to additional terms and conditions and before you use any such services, features other programs you may be required to indicate your acceptance of such additional terms and conditions.
Ownership and Use
The Site and all content, copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company and/or its licensors and are protected by applicable copyright and other intellectual property laws. You agree that you shall not have, nor be entitled to claim, any rights in and to the Site, its content and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, the Site or any content or component part thereof. Any unauthorized uses of the Site may constitute an infringement of the copyrights and other proprietary rights of the Company and/or its licensors may subject you to civil and/or criminal liability under applicable laws.
User Responsibilities
You agree not to create or submit any comments, images, posts or information on the site that is unlawful, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations (“Applicable Laws”), or that infringes or violates any other parties intellectual property rights or links to infringing or unauthorized content. You agree not to embed, re-publish, maintain and/or display any Site content on any Personal Social Media or other website or other Internet location that ordinarily contains or hosts content that is unlawful, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other parties intellectual property rights or links to infringing or unauthorized content. You agree not to send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable purpose. You agree not to provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity. You agree not to interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof). You agree to abide by all copyright notices, information, restrictions contained in or associated with any of the Site. You agree not to remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content. You agree not to use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of Company’s products, services or brands, unless otherwise specifically permitted by Company. You agree not to knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, 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. You will use the Site at all times in compliance with these Terms, the Policy, and all Applicable Laws.
Rights Granted to the Company
The Site may enable you to send, post, upload, transmit or otherwise submit to the Site videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. It is not Company’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but Company may do so in its sole discretion. If you Submit your User Submissions on or through the Site, you automatically grant to Company and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicensable to multiple tiers of sublicensees, non-exclusive right and license (the “ Company License”) to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Company’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Company License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or Company terminates your access to the Site.
You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) Company and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Company that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Company the Company License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Company will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these Terms; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Company upon Company’s request.
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Company is not responsible for any loss, theft or damage of any kind to any User Submissions.
Company does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of Company or any of its affiliates. Company disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Company or any of its affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Company may maintain copies for archival purposes. Company reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
Third Party Links
The Site may link to and/or contain advertisements about non-Company owned or controlled websites or other Internet resources. You understand that Company does not endorse or sponsor such other third-party websites or other Internet resources. Company expressly disclaims any responsibility and liability for any content, software, services, or products advertised by such third-party websites or Internet sources.
No Medical Advice
The information on the Site is made available with the express understanding that Company and/or the other medical professional, members or others on the Site, are not providing medical advice and do not intend any of this information to be used for self-diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER FOR MEDICAL ADVICE.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither Company nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any websites, social media or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of Company’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ rights granted by Company herein. Company reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, MEMBERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF. To the extent Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify and hold harmless Company and its affiliates and its and their respective officers, directors, employees, representatives, licensees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions, (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms, (iii) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (iv) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
Applicable Law/Venue
These Terms, Site, and Policy shall be governed under the laws of the State of Wisconsin without regard to any choice of law or conflict of law principles regardless of where you reside. All suits, actions, or court proceedings relating to your use of the Site, these Terms and the Privacy Policy shall be brought and litigated in La Crosse County, Wisconsin Circuit Courts and by using the Site you hereby agree to be subject to said venue and jurisdiction. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site. To the maximum extent permitted by law, the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these Terms, the breach thereof and/or the scope of the provisions of this paragraph, whether sounding in contract or tort, and including any claim for fraudulent inducement thereof.
Severability
If any provision of the Terms shall be held unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions in these Terms. The Company’s failure exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Termination
You agree that Company may, in its sole discretion and at any time, terminate or temporarily suspend your rights under these Terms and your access to the Site, and discard, remove, and/or disable or deactivate any or all of your information or submissions that you made or provided to the Site and any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. Company may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. You understand and agree that neither Company nor any of its affiliates shall have any liability to you or any other person for any termination of your (or anyone else’s) access to site or parts thereof and/or the removal, discarding, disabling or deactivation of any of your user submissions (or the user submissions of anyone else) or the removal, discarding, disabling or deactivation of any other information or data that you (or anyone else) may have provided on or through the site. You may discontinue your access to, use or participation on the Site at any time. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Company-or any Company affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.