(Updated Policy Effective: January 20, 2020)
1. General Information
2. Your Use of the Website
3. Proprietary Rights
A copyright and all other proprietary rights in the Website content (including but not limited to software, audio, video, text and photographs) (the “Website Content”), rests with us or our licensors. All rights in the Website Content not expressly granted herein are reserved. You may not modify, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit the Website Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Website Content, provided that the copies are made only for your personal use and include all copyright and other proprietary right notices associated with the Website Content. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws, you may not upload, post, use, reproduce, re-transmit, or distribute in any way Website Content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.
4. Third Party Sites
5. Warranties; Disclaimers
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY: (I) THAT ACCESS TO THE WEBSITE, THIRD PARTY SITES, OR RELATED SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE; (II) AS TO THE OPERATION AND SECURITY OF THE WEBSITE, THIRD PARTY SITES, OR OUR ELECTRONIC COMMUNICATIONS; (III) AS TO PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE OR THIRD PARTY SITES; OR (IV) AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY AND SUITABILITY OF INFORMATION, MATERIALS, AND OTHER CONTENT PROVIDED ON THE WEBSITE OR THIRD PARTY SITES, OR ACCESSIBLE THROUGH USE OF THE WEBSITE OR THIRD PARTY SITES.
IN NO EVENT WILL WE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE WEBSITE OR THE WEBSITE CONTENT, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, THIRD PARTY SITES, OR THE CONTENT ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THERE WAS ADVANCE NOTIFICATION OF THE POSSIBILITY OF SUCH DAMAGES.
NO INFORMATION, MATERIALS, OR OTHER CONTENT PROVIDED ON THE WEBSITE OR A THIRD PARTY SITE, OR ACCESSIBLE THROUGH USE OF THE WEBSITE OR A THIRD PARTY SITE, IS INTENDED TO BE, OR SHOULD BE CONSIDERED TO BE, MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR PRESCRIBING, OR A SUBSTITUTE FOR SUCH ACTIVITY. NEITHER Elizabeth Kozlowski-Kies, NOR OUR COMPANY, IS A MEDICAL DOCTOR OR OTHER LICENSED HEALTHCARE PRACTITIONER OR PROVIDER. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL BECAUSE OF ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED ON THE WEBSITE OR A THIRD PARTY SITE, OR ACCESSIBLE THROUGH USE OF THE WEBSITE OR A THIRD PARTY SITE. CONSULT WITH A LICENSED HEALTHCARE PRACTITIONER BEFORE ALTERING OR DISCONTINUING ANY CURRENT MEDICATION, TREATMENT OR CARE, OR STARTING ANY DIET, EXERCISE OR SUPPLEMENTATION PROGRAM, OR IF YOU HAVE OR SUSPECT YOU MAY HAVE A HEALTH CONDITION THAT REQUIRES MEDICAL ATTENTION. DO NOT USE THIS WEBSITE OR A THIRD PARTY SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 OR ANOTHER EMERGENCY TELEPHONE NUMBER AVAILABLE IN YOUR GEOGRAPHIC LOCATION.
IF YOU RELY ON ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED ON THE WEBSITE OR A THIRD PARTY SITE, OR ACCESSIBLE THROUGH USE OF THE WEBSITE OR A THIRD PARTY SITE, YOU DO SO SOLELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE INFORMATION, MATERIALS AND OTHER CONTENT PROVIDED ON THE WEBSITE OR ACCESSIBLE THROUGH USE OF THE WEBSITE.
NO INFORMATION, MATERIALS, OR OTHER CONTENT PROVIDED ON THE WEBSITE OR ACCESSIBLE THROUGH USE OF THE WEBSITE, IS INTENDED TO BE, OR SHOULD BE CONSIDERED TO BE, A RECOMMENDATION, ENDORSEMENT, PROMISE OF BENEFIT, CLAIM OF CURE, OR GUARANTEE OF RESULTS TO BE ACHIEVED. NEITHER WE NOR Elizabeth Kozlowski-Kies RECOMMENDS OR ENDORSES ANY INDIVIDUAL, BUSINESS, PRODUCT, PROCEDURE, TEST, OR SERVICE. THE INFORMATION, MATERIALS AND OTHER CONTENT PROVIDED ON THE WEBSITE AND ACCESSIBLE THROUGH USE OF THE WEBSITE, DOES NOT NECESSARILY REFLECT OUR OPINIONS OF THOSE OF Elizabeth Kozlowski-Kies, AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE, OR UP-TO-DATE.
6. Release; Limitation of Liability; Indemnification
YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS AND ANY PERSONS DERIVING THEIR CLAIMS THROUGH YOU OR ON YOUR BEHALF, HEREBY WAIVE, RELEASE AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, TELECOMMUNICATION PROVIDERS, CONTENT PROVIDERS AND STOCKHOLDERS (THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL CLAIMS, AGENCY ACTIONS, LIABILITIES, COSTS, EXPENSES, AND DAMAGES OF ANY NATURE OR KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, A THIRD PARTY SITE, OR THE CONTENT ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ANY OF THE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ANY THIRD PARTY OR FOR ANY OF YOUR OWN ACTIONS OR INACTIONS, THAT THE TOTAL LIABILITY, IF ANY, OF THE RELEASED PARTIES SHALL BE LIMITED TO THE FEES PAID BY YOU TO US FOR SERVICES PURCHASED FROM US THROUGH THE WEBSITE, AND THAT THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. YOU EXPRESSLY ABSOLVE AND RELEASE THE RELEASED PARTIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR OTHER NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, AND GOVERNMENTAL RESTRICTIONS.
7. Dispute Resolution; Jurisdiction; Venue; Choice of Law
If you have a claim or dispute of any kind against or with us (the “Dispute”) and/or any of the Released Parties, you agree to initially try to resolve the Dispute informally, though direct negotiations with all parties to the Dispute. If the Dispute is not resolved through direct negotiation, you agree to try in good faith to settle the Dispute by mediation by a Illinois Supreme Court Certified Circuit Civil Mediator in Springfield, Illinois prior to resorting to litigation, or some other dispute resolution procedure. You shall select the mediator from a list of three mediator names that we will supply to you. The mediator fees shall be paid equally by all parties to the Dispute, including you. The mediation proceedings and negotiations will be confidential, will not exceed three consecutive business days, and will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. In any legal action involving the Dispute, the prevailing party shall have its expenses, costs, and attorneys’ fees (whether before trial, during trial, on appeal, or otherwise) paid by the other parties.
8. Titles and Headings; Independent Covenants; Severability
10. Entire Agreement
11. Contact Us