JESSE HANLEY, M.D. TERMS OF USE & PRIVACY POLICY

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

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 We apologize in advance for this long document, but we want you to understand our guidelines. In order to enjoy all of the features of the JesseHanleyMD.com web site (the “Site”) provided by JESSE HANLEY M.D. (JHMD), you must agree to this Terms of Use and Privacy Policy. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. The terms contain important information and create a legally binding contract. By clicking on “I agree” above or below and accessing or using the special features of our site, you agree to abide by these Terms of Use and our Privacy Policy (the “Agreement”). If you do not accept these terms, we encourage you to enjoy the features on our site that don’t require Agreement.

JHMD may make improvements or changes in the information and services available on the Site or terminate this Site, at any time without notice. JesseHanleyMD.com may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you at our option. You agree to review this Agreement periodically to ensure that you are aware of any modifications.

TERMS OF USE

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. 

The contents of the Site, such as text, graphics, images, information obtained from the Site’s licensors and other material (“Content”) contained on the Site is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional 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. You should seek medical attention before undertaking any diet, exercise or other health program described on the Site. JHMD does not recommend self-management of one’s health care. Reliance on any information provided by or via the Site is solely at your own risk.

Information obtained by using the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided by JesseHanleyMD.com is compiled from numerous sources. JHMD and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of JesseHanleyMD.com. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

The Site contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.

USE OF CONTENT

JHMD authorizes you to view or download a single copy of the material made available on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2003, Jesse Hanley, M.D.. All rights reserved,” and other copyright and proprietary rights notices that were contained in the Content. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any third party. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own web site, or use it for any commercial purpose without our prior written permission.

Any special rules for the use of certain software and other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with JHMD or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of JHMD. All rights not expressly granted herein are reserved to JHMD and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF JESSEHANLEYMD.COM

If you are dissatisfied with JesseHanleyMD.com, any information found thereon, or with any JesseHanleyMD.com Terms of Use or Privacy Policy, your sole and exclusive remedy is to discontinue using JesseHanleyMD.com.  The Site, the Content, and any and all services or products promoted via the Site are provided on an “as is” basis. The use of the Site, the Content and any product or service discussed or promoted via the Site is at your own risk. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of JHMD and its suppliers.

Accordingly, JHMD assumes 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.  Additionally, third parties, not JHMD, sell the products described in the “Health Store”. All dietary supplements and ingestible or topical products discussed on the Site are sold by parties other than JHMD. While JHMD receives referral fees in many cases, it does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on JesseHanleyMD.com. Therefore, JHMD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Specifically, JHMD, makes no representations or warranties that: (1) the services, Content, software, text, graphics, links or communications provided on or through use of the Site, by JHMD or any third party, are accurate, reliable, complete, timely or error-free; (2) files available for downloading from or via this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties; (3) the results that may be obtained from the use of the Services or Content will be reliable; (4) the quality or efficacy of any product and/or service of any third party that is discussed,  promoted, obtained, or purchased within or via the Site, its Services or Content will meet your expectations; or (5) any errors in the Services or Content will be corrected.

JHMD is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content or by any products you purchase from a third party.  In no event shall JHMD or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not JHMD is advised of the possibility of such damages. Any liability of JHMD shall be limited to the actual damages incurred by you, not to exceed U.S. $1000.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

ADVERTISEMENTS, PRODUCT/SERVICE PROMOTIONS AND LINKS TO OTHER SITES

JHMD discusses certain products and/or services of third parties on the Site. In many cases the third-party product and/or service provider will pay JHMD a referral fee for purchases made by individuals that are referred to it by JHMD. As noted above, JHMD makes no representations or warranties regarding the efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Site is at your own risk and is subject to these Terms of Use. Other than as noted herein, JHMD does not endorse the content on any third-party websites. JHMD is not responsible for the content of linked third-party sites, sites framed within the JHMD Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

USER SUBMISSIONS AND CONTRIBUTIONS.

Any information provided when you “Join Our Community” is subject of our Privacy Policy. Beyond that information, any E-mail or other communications or content you send to any part of this Site is non-confidential for all purposes. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — JHMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. JHMD may sublicense its rights through multiple tiers of sublicenses.

INDEMNITY.

You agree to defend, indemnify and hold JHMD, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL.

JHMD is based in Malibu, California, in the United States of America. JHMD makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the JHMD Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

DISPUTES

Any claim or controversy arising out of or related to this Agreement, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in Malibu, California in accordance with the rules of the American Arbitration Association.  Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party.  The foregoing shall not preclude JHMD from seeking any injunctive relief in any court of competent jurisdiction for protection of JHMD’s intellectual property rights.  You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving JHMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use  are governed by the internal substantive laws of the State of California, without respect to its conflict of the laws principles. If any provision of these Terms 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 —PRIVACY POLICY—

Your privacy is important to us. To better protect your privacy, we provide this notice explaining what information we collect, how we might use that information and the choices you can make about the way your information is collected and used at the Site.

THE INFORMATION COLLECTED

At JesseHanleyMD.com, you can subscribe to one of our services (e.g., our online information services), express an opinion, and connect to third-party sites to order services and products. We collect personally identifiable information that you provide to us. The types of personally identifiable information that may be collected at these web pages may include, without limitation: your name, address, E-mail address, telephone number, fax number, and information about your interests in and use of various services, programs, and products. We also may collect information you provide as part of a User Submission. We also may collect certain non-personally identifiable information when you visit many of our web pages. This information is collected automatically and includes information such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows ‘98 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).

USE OF THE INFORMATION

We may use the personally identifiable information you provide about yourself to fulfill your requests for services, programs, and products, to respond to your inquiries about our offerings, and to offer you other services, programs, or products that we believe may be of interest to you. We sometimes use this information to communicate with you when we make changes to our subscriber Agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.

The information we collect in connection with our Community section or as part of a User Submission is used to provide an interactive experience. For example, we may use this information to write E-mails, to publish submissions, or, from time to time, to offer you services, programs, or products.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We may also use this information in the aggregate to analyze site usage, as well as to offer you services, programs, or products. We may also sell, transfer or otherwise distribute certain aggregated non-personal information to third parties. JHMD may on occasion combine information we receive online with outside records to enhance our ability to offer information or market to you those services or products that may be of interest to you.

LINKS TO/FROM OTHER SITES

JesseHanleyMD.com contains links to other web sites that are operated by third parties. With prior permission, other sites may also reference or link to JesseHanleyMD. To obtain permission, send an e-mail to drhanley@JesseHanleyMD.com. The services or products described or advertised on JesseHanleyMD.com are generally sold by other parties on other sites. JHMD is not responsible for the privacy practices or the content of those other sites. JHMD makes no representations concerning any effort to review the content of sites to which it may be linked and has no control over information submitted to other sites. Visitors should consult the other sites’ privacy notices prior to submitting any information, as we have no control over information that is submitted to, or collected by, these third parties.

COOKIES

“Cookies” are pieces of information that may be placed on your computer by a web site for the purpose of facilitating and enhancing your communications and interaction with that web site. Cookies may possibly be used for such things as: (1) to customize your visitation and shopping experience, (2) to deliver content consistent with your stated interests, (3) to provide you with custom-tailored content, or (4) to save your password in password-protected areas. The use of cookies is an industry standard — you will find them at most major web sites.  Most browsers are initially set to accept cookies. If you would prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site, such as access to the Health Store, will not function properly if you do so. Cookies, by themselves, do not tell us your E-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, joining our Community. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie. We use cookies to understand Site usage and to improve the content and offerings on our Site.

 LICENSES AND IDEA SUBMISSIONS.

You agree to grant to JHMD a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of JesseHanleyMD.com by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against JHMD for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

SECURITY.

We have put in place physical, electronic, and managerial procedures that we believe are reasonable to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, you provide information to us at your own risk. JHMD will disclose information we maintain when required to do so by law and as set forth herein.

—GENERAL—

REVISIONS TO AGREEMENT.

This Agreement may be revised, modified, altered or updated in the future without notification or cause. You agree that after consenting, you will be bound by such revisions, modifications, alterations, or updates. If you do not accept the revised terms of the Agreement, you may continue to enjoy those features of the Site that do not require acceptance.

ENTIRE AGREEMENT. 

This instrument, as modified from time to time as described below, and including the policies incorporated by reference, sets forth the entire understanding and Agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

SEVERABILITY.

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

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E-mail Jesse Hanley M.D.
Phone: 310-457-5806  Fax: 310-457-1994
Malibu, CA 90265