Effective Date: June 1, 2014
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “User(s)”, “You”, or “Your”, are parties to this agreement. The Site and its owners are parties to this agreement. Users are solely responsible for compliance with these terms and all applicable laws and regulations.
II. User License
All Users are subject to the terms defined in this section regarding viewing and usage of, access to, and interaction with the Site.
1. Users are permitted to access the site in their web browser for personal, non-commercial transitory viewing only. This includes temporary caching of those materials necessary for normal viewing via an unaltered commercial web browser without plug-ins or add-ons. This is the grant of a license, not a transfer of title. Unless you have entered into an express written contract with Us to the contrary, Users have no right under this license to:
- Modify, decompile, or reverse engineer, or make the attempt;
- Use for any commercial purpose, any public display (commercial or non-commercial) or any other form of reproduction, archiving or dissemination (e.g. broadcasting, printing, publishing, selling) not expressly permitted within this agreement;
- Remove any copyright or other proprietary notations; or
- Transfer to another person or “mirror” on any other server;
the aforementioned materials and, including but not limited to, intellectual property, databases, software and scripts, invisible pages, linked pages, underlying code or any portion thereof contained on our servers or within the RichardLipmanMD.com domain.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession not expressly permitted within this agreement, whether in electronic or printed format.
The user agrees to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the site, or interfere with our ability to serve or administer the site. You shall not use the Site to send unsolicited commercial communications.
3. For restricted areas of the Site, such as the Customer Download area, you are obligated by these Terms to keep any and all login credentials confidential. We may in the future opt to restrict access to other parts of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for access to restricted areas of our website, or allow you to select a username and password, you are obligated to keep both your username and password confidential.
B. Sharing & Social Media
We encourage users to share our content under the following conditions via the sharing and social media tools provided on the site. Any sharing is required to include a title link back to the original page on the Site and proper attribution to RichardLipmanMD.com.
When sharing, promoting, or referencing and Site content on a third party site, you are permitted to use an excerpt of that content limited to the first 50 words of the article. The user is not permitted to share or otherwise reproduce, by any means or for any purpose, articles, pages, posts, or other written content in their entirety. Images, video, and audio files may be promoted only via the social sharing links provided on the site. Copying, archiving, reproduction, or dissemination of any other kind (See Section III(B) – Hyper-linking, Co-Branding, and Framing) is not permitted.
Downloadable files provided by Us may not be distributed or reproduced by any means for any purpose unless We have explicitly stated that the content of the download is freely available for redistribution in the Public Domain. Users shall not link directly to downloadable files.
We maintain sole discretion in determining what constitutes an acceptable share. We may at any time request or demand removal, redirect the destination of links, or take any other action we deem necessary to protect the Site, reputation, and copyrights, of content we believe has been shared incorrectly or in violation of these Terms.
RichardLipmanMD.com does not contain or send Protected Health Information (PHI) as described in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Do not use this website to post or send PHI to Dr. Richard Lipman M.D. as our general contact form and contact email addresses use standard (non-encrypted) email protocols and comment areas are publicly accessible. If you choose to post or send PHI contrary to this policy, you understand that such information can be intercepted and/or viewed by a third party and you take full and sole responsibility for your actions. Transmission of PHI to or through the Site by any party, using any means, does not constitute or initiate a Doctor-Patient relationship of any kind.
Submissions may not contain content or links to content that contains, sells, promotes, incites, or provides instruction regarding violation of intellectual property rights or copyrights, hacking, viruses, worms, malware, spyware, adware, toolbars, service disruption, phishing, pornography of any kind, illegal activities, counterfeit products or services, defamatory, libelous, or threatening language, MLM, Make Money, HYIP, payday loans, or other investment or get-rich-quick schemes, firearms, ammunition and fireworks, tobacco and paraphernalia, glorification of violence against, suffering of, or exploitation of an individual or group.
We have sole discretion in determining what constitutes unacceptable content under this policy. Violation of these rules may result in editing or removal of such content, and restriction, limitation or revocation of access privileges, as well as reporting potential criminal or illegal activity to law enforcement. We may archive any of this content along with associated user information as we deem necessary.
III. Third Party Sites
A. Inbound & Outbound Links
We have not reviewed all of the websites that link to the site or are linked from the Site, and are not responsible for the contents of any such linked site. The presence of any inbound or outbound link does not imply Our endorsement of that website or their endorsement of Us. Use of any such linked web site is at your own risk.
While We make every effort to ensure that the information on Our website is accurate, We make no warranties or representations whatsoever with regard to any product, service or information offered by any online merchant, social media page, author, or other third party, including such information that may be provided on the Site. You acknowledge that any reliance on representations and warranties provided by any third party shall be at your own risk.
B. Hyper-linking, Co-Branding, and Framing
Unless expressly authorized by Us, no one may hyperlink the Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding, images, video, source code, or other content or copyrighted material) to theirs for any reason, nor are You allowed to mirror, frame, or otherwise reproduce the Site. This restriction includes publication or reproduction of any RichardLipmanMD.com RSS feed in any other venue or medium beyond a legitimate RSS aggregation site. We maintain sole discretion regarding which sites constitute legitimate RSS aggregators. You specifically agree to cooperate with Us to remove or deactivate any such activities and be liable for all damages, including liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
IV. Copyrights, Trademarks & Third Party Media Usage
Third party trademarks, service marks and other proprietary marks displayed on the Site are property of their respective owners or are used in compliance with 17 U.S.C. § 107, and do not constitute any endorsement or recommendation of those third parties by Us. In addition, use of such marks is not intended to imply, directly or indirectly, that those third parties endorse or recommend, or have an operating agreement or affiliation with Us.
With the exception of any content that is used under license from a third-party, We retain copyright on all other content included in or available on, through, or from the Site, including site design, text, graphics, media, source code, software, interfaces and the selection and arrangements thereof, or any other form of intellectual property, with all rights reserved, and are protected by applicable copyright and trademark law. Licensed content is subject to the terms of its respective license agreements.
Dr. Richard Lipman M.D., RichardLipmanMD.com, Miami Diet Plan, New 800 Calorie HCG Diet, New Pounds & Inches, 2 Day a Week Diet, Diet Buddies, The 100 Calorie Secret, Qsymiamd.com, LoseWeightWithBelviq.com, BestBuyHCG.com, and all related logos are proprietary marks of Dr. Richard Lipman M.D.. Our proprietary marks may not be used in connection with any product, service, website or other information or communication that is not provided by Us, excluding permitted uses for social sharing or press citation, and in all circumstances shall not be used in any manner that can cause confusion among users or disparages or discredits Dr. Richard Lipman M.D. or any of Our media, advertising or other online properties.
Any use of materials or content included in or available on, through, or from the site, including but not limited to archiving, modification, distribution, replication, any form of data mining or extraction, or other commercial exploitation of any kind, excluding those purposes otherwise defined in this agreement, without prior written permission from Us is strictly prohibited and may result in civil action against the offending party(s).
V. Disclaimers, Limitation of Liability, and Dispute Resolution
The Site and the materials contained herein are provided by or through RichardLipmanMD.com on an “as is” and “as available” basis. We shall have no liability for any interruptions in the use of the Site, nor do we guarantee continuous, uninterrupted or secure access to the Site. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on the Site or products sold through the Site or otherwise relating to such Content or Products, or on any sites linked to or from the Site. The Content appearing on the Site could include technical, typographical, video, audio, or photographic errors. We do not warrant that any of the Content on the Site is accurate, complete, or current. We may make changes to the Content at any time without notice. We do not, however, make any commitment to update or correct the Content. Using any Content for any purpose, personal, commercial, or otherwise, is done at your own risk.
We assume no responsibility for damage to computers or software of the User, or any person, party, or entity with whom the User subsequently communicates, from corrupting code or data that is inadvertently passed to the User’s computer. Further, We make no warranty that downloads from the Site are free of corrupting computer codes, including but not limited to spyware, viruses and worms. The User downloads information, RSS feeds, emails, software, compressed files, media, or any other type of Content, and views and interacts with the Site at their own risk.
B. Limitation of Liability
In no event shall RichardLipmanMD.com, Dr. Richard Lipman M.D. or any of their officers, employees, agents or representatives be liable for any damages whatsoever, including special, indirect, consequential or incidental damages, or damages for lost profits, loss of revenue, loss of data, loss of use, business interruption, injury or death, arising out of the use, misuse, or inability to use any product sold by said entities or the materials and information contained in or obtained from the RichardLipmanMD.com website, whether such damages arise in contract, negligence, strict liability, under statute, in equity, at law or otherwise, even if any of the aforementioned parties has been advised of the possibility of such loss or damages.
By viewing, using, or interacting in any manner with the Site, including banners, advertising, pop-ups, or downloads, and as a condition of the Site to allow their lawful viewing, the User forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, personal, business or financial in nature.
You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend, and indemnify RichardLipmanMD.com, Dr. Richard Lipman M.D. and its officers, agents, representatives, subsidiaries, employees, affiliates, contractors, and other content providers from any claim, suit or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use or misuse of the site, associated content and services, violation or breach of these Terms, infringement of intellectual property or any other right of any person or entity, or any other act or omission by You.
No additional notice of any kind for any reason is due the User and the User expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the site.
E. Governing Law
The Site is operated and provided in the State of Florida. As such, we are subject to the laws of the State, and such laws will govern these Terms, without giving effect to any choice of law rules. We make no representations that the Site or other services are appropriate, legal or available for use in other locations. Users who access the Site agree that the applicable law to be applied shall, in all cases, be that of the State of Florida.
Users assume all knowledge of applicable law and are responsible for compliance with any such laws. Users may not use the Site or any Content, service, product or software contained therein or obtained therefrom by any method, in any way that violates applicable local, state, federal or international laws, regulations or other government requirements. Users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. The hearing will take place in the city or county in which Dr. Richard Lipman M.D. is located.
In no case shall Users have the right to go to court or have a jury trial. Users will not have the right to engage in pretrial discovery except as provided in the rules; You will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
G. Jurisdiction and Venue
VI. Severability & Survival
In the event that any term or terms of these Terms are found to be unlawful, void, or unenforceable for any reason, all other terms (and any partially enforceable terms) shall not be affected thereby and shall remain in full force and effect.
All provisions of these Terms that by their nature or terms are intended to survive termination of this agreement, including, without limitation, disclaimers, limitations of liability, indemnity, termination, severability, copyrights, content distribution and reproduction rights, and confidentiality obligations, shall survive termination of this agreement or termination of Your use or access to all or any portion of the site, or your use of any products or services obtained from or through the Site. All other provisions shall survive to the limited extent necessary to complete any Site business or transaction commenced prior to termination.
VII. Modifications to this Agreement
A. Mergers and Acquisitions
B. Modifications to This Agreement