Section 1. Warranty Disclaimer
All of the services, texts, emails, links and content accessed through the Site provided by us (the “Services”) are provided “as is” without warranty, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular use of purpose with respect to the Services or Title. There are no express warranties made as a part of this Agreement We make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. We cannot and do not warrant against human and machine errors, interruptions, omissions, delays, interruptions or losses, including loss or corruption of data. We cannot and do not guarantee or warrant the files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or any other code that manifest contaminating or destructive properties.
Section 2. Site Behavior
Site participants may make comments and express opinions about health strategies created on the Site. Personalized health strategies, comments, and opinions reflect the opinion of the poster and not the opinion of IOA. In order to maintain a high level of integrity for our Site participants on our Site, be advised that any comments or content, including uploaded images, deemed objectionable or detrimental to other Site participants can be deleted without notification. Any content or images that are inappropriate for transmission by email or text messaging can be deleted without notification. While we may monitor the site for objectionable material we may not immediately be aware of such incidents as soon as they occur. You may not post any objectionable content, which includes but is not limited to anything, hurtful, negative, vulgar, pornographic, illegal, or other material deemed detrimental to other Site participants or us. Those who violate this Agreement could lose the right to use the Site. IOA disclaims any and all legal responsibility for comments, opinions or any content or actions of other Site participants.
Section 3. Use of Content; Ownership; Confidentiality
The entire contents of the Site, and all derivative materials, constitute a collective work protected under the copyright laws of the United States and other copyright laws. IOA and its owners are the sole proprietors of the entire contents and hold all rights, title and interests in and to the Site. IOA hereby grants a limited revocable license enabling you to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own personal, noncommercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted or licensed material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Site. You agree that you cannot use any content information as a basis on which to develop or have a third party develop a competing or similar plan or undertaking. Unauthorized use of the content may violate copyright, trademark, and other laws. None of the content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without our prior written consent.
The IOA website contains confidential and proprietary information (the “Confidential Information”). Confidential Information includes all content, data, materials, products, technology, computer programs, specifications, manuals, algorithms, and software, contained in the website or derived from the website. You agree that the Confidential Information is to be considered confidential and proprietary to IOA and you shall hold the same in confidence and shall not use the Confidential Information other than for the purposes of using the website. You will not disclose, publish or otherwise reveal any of the Confidential Information to any other party whatsoever except with the specific prior written permission of an authorized officer of IOA.
Upon acceptance of this Agreement, we authorize you to view or download a single copy of the material on this Site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as “Legal Notices” on the Site.
Section 4. Site Participants Representations
You covenant, represent and warrant to us and our Content Providers that:
1). You are at least 18 years of age;
2). You possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement
3). Unless specified, you shall be financially and otherwise responsible for your use of the Site; and
4). You shall comply with your responsibilities and obligations as stated in this Agreement.
Also, Site participants of the Site represent, covenant and warrant that they are: (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output; and, (2) maintaining a means external to the Site for the reconstruction of any Site participant lost data.
Section 5. Limitation of Liability; Waiver; and Release
YOU AGREE THAT NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
Section 6. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE SITE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON USING THE SITE.
Section 7. Notice and Take Down
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RECOVERY REBOOTED THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. IOA does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to IOA’s Designated Agent.
Written Notification must be submitted to the following Designated Agent:
Service Provider(s): Institute of Arteriology
Name of Agent Designated to Receive Notification of Claimed Infringement: David Saloff, President
Full Address of Designated Agent to Which Notification Should Be Sent
604 Arizona Avenue
Santa Monica, CA 90401
Telephone Number of Designated Agent: (323) 642-6861
Email Address of Designated Agent: email@example.com
To be effective, the Notification must include all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.
Section 8. Captions
The captions in this Agreement are for convenience in referencing the section only and have no legal meaning or impact on the Agreement.
Section 9. Choice of Law and Venue
This Agreement shall be construed and governed by the laws of the State of California without regard to conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in XXXX County, California in all disputes arising out of or relating to the use of the IOA Web Site.