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DrMichelle.Com Terms and
Conditions of Use
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE
CAREFULLY. By using this site, you are deemed to have agreed to these terms
and conditions of use. We reserve the right to modify them at any time. You
should check these terms and conditions periodically for changes. By using this
site after we post any changes to these terms and conditions, you agree to
accept those changes, whether or not you have reviewed them. If at any time you
choose not to accept these terms and conditions of use, please do not use this
site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the
sites and services owned or operated by Dr. Michelle Callahan (collectively
"we," "us," or "our"), including DrMichelle.Net,
DrMichelle.Com, DrMichelleCallahan.com, MichelleCallahan.com, and any other
site that we have owned or operated, do own and operate or may own or operate in
the future (collectively, the "Sites"). Unless we say otherwise, all
references to the Sites in these terms and conditions include all such sites.
These terms and conditions do not apply to your use of unaffiliated sites to
which any of the Sites only links.
Restrictions on Use of Materials
The contents of our sites are protected by copyright and
trademark laws, and are the property of their owners. Unless we say otherwise,
you may access the materials located within the Sites only for your personal
use. This means you may download one copy of posted materials on a single
computer for personal, noncommercial home use only, so long as you neither
change nor delete any author attribution, trademark, legend or copyright notice.
When you download copyrighted material you do not obtain any ownership rights in
that material.
You may not modify, copy, publish, display, transmit, adapt
or in any way exploit the content of the Sites. Only if you obtain prior written
consent from us — and from all other entities with an interest in the relevant
intellectual property — may you publish, display or commercially exploit any
material from the Sites.
You must abide by all additional copyright notices or other
restrictions contained in any of the Sites.
Links
These terms and conditions apply only to the Sites, and not
to the sites of any other companies or organizations, including those to which
any of the Sites may link. We are not responsible for the availability of any
other site to which any of the Sites links. We do not endorse or take
responsibility for the contents, advertising, products or other materials made
available through any other site. Under no circumstances will we be held
responsible or liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with your use of, or
reliance on, any content, goods or services available on any other site. You
should direct any concerns to that site's administrator or webmaster.
Other sites may link to any of the Sites only through a
plain-text link. Permission must be granted by us for any other type of link to
the Sites. To seek our permission, you may write to Dr. Michelle Callahan,
Attention: DrMichelle.Com, 19 W. 34th, New York, NY 10001. We reserve the right,
however, to rescind any permission granted by us to link through a plain-text
link or any other type of link, and to require termination of any such link to
any of the Sites, at our discretion at any time.
Submissions
We welcome your comments about any of the Sites. However,
unless a site has set up a specific submissions policy, we will not review or
consider any unsolicited creative submissions. We hope you will understand that
this policy is intended to avoid the possibility of future misunderstandings in
the event that projects developed by our professional staff might seem to others
to be similar to their own creative work. Accordingly, we must ask that you not
send us any original creative ideas, suggestions or materials. If, despite our
request, you send us any creative idea, suggestion or material
("Submission"), it shall become our property. No Submission will be
subject to any obligation of confidence by us, and we will not be liable for any
use or disclosure of any Submission. We will exclusively own all known or
later-existing rights to the Submission worldwide, and will be entitled to the
unrestricted use of the Submission for any purpose, without compensation to the
provider of the Submission.
If you are submitting something to a site that has set up a
submissions policy, please consult that site for its specific requirements.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES
OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR
RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or
services offered on the Sites. We are not a party to, and do not monitor, any
transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED
PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF
OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US,
IF ANY, FOR ACCESSING THE SITES.
THE SITES DO NOT PROVIDE PSYCHOLOGICAL OR MEDICAL ADVICE.
The contents of the Sites, such as text,
graphics, images, information obtained from our licensors, and other material
contained on the Sites ("Content") are for informational purposes
only. The Content 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. Never disregard professional medical advice or delay in
seeking it because of something you have read on the Sites!
If you think you may have a psychological or
medical emergency, call your doctor or 911 immediately. We do not recommend or
endorse any counselors/psychologists/clinicians, specific tests, physicians,
products, procedures, opinions, or other information that may be mentioned on
the Sites. Reliance on any information provided by the Sites, our employees,
others appearing on the Sites at our invitation, or other visitors to the Sites
is solely at your own risk.
The Sites may contain psychological-, health- or
medical-related materials that are sexually explicit. If you find these
materials offensive, you may not want to use our Site.
THE SITES DO NOT PROVIDE PSYCHOLOGICAL OR
COUNSELING SERVICES
No
psychological services ("therapy", "psychotherapy",
"counseling") are offered or implied by the information
contained or made available through the Sites (including
but not limited to information provided in the online Ask Dr. Michelle
Column or provided via email from the Ask Dr. Michelle
Column).
THE
SITES DO NOT PROVIDE PERSONAL ADVICE
The information contained in or made available through the
Sites (including but not limited to information provided in the online Ask
Dr. Michelle Column or provided via email from the Ask Dr. Michelle
Column) cannot replace or substitute for the services of trained professionals
in any field, including, but not limited to, psychological, financial, medical,
or legal matters. In particular, you should regularly consult a doctor or
counselor in all matters relating to mental or physical health, particularly
concerning any symptoms that may require diagnosis or psychological or medical
attention; or if you have previously been diagnosed with a mental illness. We
and our licensors or suppliers make no representations or warranties concerning
any treatment, action, or application of medication or preparation by any person
following the information offered or provided within or through the Sites.
Neither we nor our partners, or any of their affiliates, will be liable for any
direct, indirect, consequential, special, exemplary or other damages that may
result, including but not limited to economic loss, injury, illness or
death.
Parental Permission
Some of the information available on the Sites concerns the
topic of sex and may not be appropriate for children. Further, the Sites are not
directed to children under the age of 13 and we will not knowingly collect
personally identifiable information from children under 13. WE STRONGLY
RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE
INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO
LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, require users under 18 to obtain
the consent of a parent or guardian to view certain content, and we may limit
access to certain content to users above a specified age. You agree to abide by
any such restrictions, and not to help anyone avoid these restrictions.
We reserve the right to charge fees, surcharges and/or
membership fees for all or any of its services currently provided for free at
any time upon thirty (30) days' prior written notice to you.
Privacy Policy
We are committed to protecting your privacy and security and
have explained in detail the steps we take to do so. We urge you to read our
Privacy Policy.
Jurisdictional Issues
We control and operate this site from our offices in the
United States of America. We do not represent that materials on the site are
appropriate or available for use in other locations. Persons who choose to
access this site from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
Miscellaneous
These terms will be governed by and construed in accordance
with the laws of the State of New Jersey, without regard to any principles of
conflicts of law. You agree that any action at law or in equity that arises out
of or relates to these terms will be subject to binding arbitration in
accordance with the State of New Jersey and will be arbitrated in New Jersey. If
any of these terms and conditions are found unlawful, void, or for any reason
unenforceable, then that provision will be considered severable from the
remaining terms and conditions, and will not affect the validity and
enforceability of the remaining provisions. This is the entire agreement between
you and us relating to the subject matter it contains. This agreement may be
modified only by our posting of changes to these terms and conditions, or by a
writing signed by both parties.
(Last Modified on March 9, 2004)
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