1. The Web site Does Not Provide Therapeutic or Medical Advice
The contents of the Web site www.laurenmackler.com (the “Web site”), which is owned and operated by Lauren Mackler & Associates LLC (“LMA,” “we” or “us”), such as text, graphics, images, information obtained from the Web site’s licensors and other material (“Content”) contained on the Web site is for informational purposes only. The Content is not intended to be a substitute for professional therapeutic or medical advice, diagnosis or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a therapeutic or medical condition. Reliance on any information provided by or via the Web site is solely at your own risk.
3. Your Use of the Web site – Permissions and Restrictions
2 LMA authorizes you to view or download a single copy of the material made available on the Web site solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of LMA. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
3 You agree not to alter or modify any part of the Web site.
5 You agree not to access or use the Web site for any commercial use without the prior written authorization of LMA. Prohibited commercial uses include, but are not limited to, any of the following actions taken without LMA’s express approval:
posting on or transmitting through the Web site any material which contains advertising or any solicitation with respect to products or services;
advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Web site;
selling of access to the Web site or its related services on another web site;
using the Web site or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
any use of the Web site or its related services that LMA finds, in its sole discretion, to be a use of LMA’s resources or User Submissions to compete with or displace the market for LMA, LMA content, or its User Submissions.
6 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Web site in a manner that sends more request messages to the LMA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web site. You also agree not to interfere with the servers or networks connected to the Web site or to violate any of the procedures, policies or regulations of networks connected to the Web site. Notwithstanding the foregoing, LMA grants the operators of public search engines permission to use spiders to copy materials from the Web site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. LMA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions. Any conduct by you that in LMA’s opinion restricts or inhibits any other user from using or enjoying the Web site will not be permitted.
8 You agree not to upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
9 You agree not to impersonate any other person while using the Web site or conduct yourself in a vulgar or offensive manner while using the Web site. You agree that LMA may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at LMA’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
10 You agree that LMA, should it accept a User Submission, may include that User Submission on the Web site for as long or as short a period of time as LMA, at its sole discretion, chooses. Furthermore, you agree that LMA may edit User Submissions.
11 You agree that LMA shall have the right, but not the obligation, to monitor the content of the Web site and to remove any material that LMA, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
12 LMA reserves the right to discontinue any aspect of the Web site at any time.
4. LMA Accounts
5. Electronic Communications
By establishing an account with the Web site, you consent to receiving electronic communications from LMA. These communications will include notices about your account and information concerning or related to the Web site and/or our services or products. These communications are part of your relationship with LMA and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. Right to Terminate
7. Disclaimer of Opinion
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Web site are those of the respective authors or producers and not of LMA, or its directors or employees. Under no circumstances shall LMA, or its directors or employees be held liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.
8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Web site, but the accuracy of this information cannot be guaranteed. The Web site, the Content, and any and all services or products promoted via the Web site are provided on an “as is” basis. The use of the Web site, the Content and any product or service discussed or promoted via the Web site is at your sole risk. When using the Web site, information will be transmitted over a medium that is beyond the control and jurisdiction of LMA and its suppliers. Additionally, third parties, not LMA, sell some of the products described in the Web site Store. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LMA, ITS DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER LMA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER LMA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. LMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE LMA WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LMA, ITS DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEB SITE HAVE BEEN SATISFIED.
9. Limitation on Liability of LMA
IN NO EVENT SHALL LMA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LMA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY LMA FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND LMA MAKES NO REPRESENTATIONS THAT THE LMA WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE LMA WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, LMA, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, AND (II) U.S. $500.00.
11. Advertisements, Product/Service Promotions and Links to Other Sites
12. User Submissions and Contributions
LMA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LMA expressly disclaims any and all liability in connection with User Submissions. LMA does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and LMA will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. LMA reserves the right to remove User Submissions without prior notice.
LMA is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to LMA including, without limitation, responses to questionnaires or through postings to the Web site, LMA’s Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source , without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other web sites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against LMA and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
We reserve the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, or personal attacks; misleading information regarding the origin of the content; or a discussion of LMA policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
16. Entire Agreement
18. Digital Millennium Copyright Act
It is LMA’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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 on the Web site are covered by a single notification, a representative list of such works on the Web 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 LMA to locate the material;
Information reasonably sufficient to permit LMA to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its/his/her agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are the owner or an agent thereof, of material that was removed from the Web site or disabled after LMA received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending LMA a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, LMA may send a copy of the counter-notice to the original complaining party informing that person that LMA may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides LMA with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LMA’s sole discretion.
19. Intellectual Property Notice
All content on the Web site, including, without limitation, all newsletters, e-newsletters and other materials distributed via the Web site, are owned by Lauren Mackler, Lauren Mackler & Associates LLC or its licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
20. Ability to Accept Terms