BY VISITING ASKDRANGELA.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we”, “us”, and “our” refer to Ask Dr. Angela, LLC. The term the “Site” refers to askdrangela.com. The term “user,” “you” and “your” refers to Site visitors, customers and any other users of the Site.
The Site offers information related to women’s health and wellness, including information about pregnancy, medical issues specific to women and nutritional cleansing. The Site features a blog, newsletter and podcast (the “Service”).
Use of Site, including all materials presented herein and all online services provided by Ask Dr. Angela, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
Information provided on the Site and in the Service is subject to change. Ask Dr. Angela, LLC makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current or error-free. Ask Dr. Angela, LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content.
All of the information provided throughout the Site and Service including the information delivered via email, webinars, podcasts and downloadable digital media educating consumers about health, wellness and nutritional cleansing are resources for educational and informational purposes only and should not take the place of consulting a physician. Use of the Site and the Services does not create a doctor/patient relationship between Dr. Angela Jones and you. This information is not intended to diagnose, treat, or cure a disease. This information does not and should not replace treatment from a medical professional.
If you need medical advice or assistance, you should consult a physician. If you are experiencing a medical emergency, DIAL 911. You should not act, or refrain from acting, on the basis of information included on the Site without first consulting a licensed medical professional.
The Site and Service may include information that promotes physical activity. All physical activity contains some inherent risk. Ask Dr. Angela, LLC is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the information provided by the Site or Service.
In order to use the Site and Service, you may be required to provide various information about yourself including your name, email address and other personal information. You agree that any information you give to Ask Dr. Angela, LLC will always be accurate, correct and up to date. You must not impersonate someone else or provide account information, an email address or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site or Service, violate any laws in your jurisdiction. Ask Dr. Angela, LLC reserves the right to cancel your participation in the Service without refund, if you provide false information.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Site or Service.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to the Site, remains yours to the extent that you have any legal claims therein. Nothwithstanding the foregoing, you grant Ask Dr. Angela, LLC a world wide, nonexclusive, irrevocable license to display the Materials you supply to the Site for business development and marketing purposes only. By visiting the Site, you agree to hold Ask Dr. Angela, LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Our Intellectual Property
The Site and Service contain intellectual property owned by Ask Dr. Angela, LLC, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site or Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ASK DR. ANGELA, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ASK DR. ANGELA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ASK DR. ANGELA, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU ASK DR. ANGELA, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Ask Dr. Angela, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions constitutes the entire agreement between you and Ask Dr. Angela, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by Ask Dr. Angela, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Ask Dr. Angela, LLC.
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Ask Dr. Angela, LLC
51 Oak Leaf Lane
Tinton Falls, NJ 07712
Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of New Jersey as applied to contracts that are executed and performed entirely in New Jersey. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Monmouth County, New Jersey. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Ask Dr. Angela, LLC. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: June 2015