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Welcome to www.marshakclinic.com (the “Site”), a web site operated on behalf of Marshak Clinic, LLC (“Marshak”).
The Terms and Conditions of Use include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by Marshak from time to time, are collectively referred to as the “Terms and Conditions” and govern the use of the Site. You should carefully read the Terms and Conditions before using the Site. You can review the most current version of the Terms and Conditions at any time at http://www.marshakclinic.com. By using the Site, you: (i) agree to be bound by the Terms and Conditions; (ii) represent and warrant that you are at least eighteen (18) years old; and, (iii) represent and warrant that you have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If you do not agree to the Terms and Conditions, you are not authorized to use the Site. In the event of a conflict between these Terms and Conditions and any posted guidelines or rules applicable to particular Content or Services, the posted guidelines or rules shall govern to the extent of such conflict.
Access to certain portions of the Site requires login and password information provided only to users who are authorized by Marshak (the “Participants”). The login and password are provided for the use of the individual Participant only and are not transferable. If you have obtained a login and password by any other means, you are not authorized to use that login account and we request that you notify Marshak of the improperly disclosed login account information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at Marshak’s sole discretion, in cancellation of the Participant’s account and other remedies, and Marshak shall have no liability to the Participant.
The Site may provide certain content (including, without limitation, documents, photographs, advertisements, marketing materials, text, graphics, and images) and services that Marshak may change or update from time to time (respectively, the “Content” and “Services”). The Content and Services offered on the Site are provided solely for Marshak to provide information on topics of interest. The Content and Services do not render medical advice and are not a substitute for the advice of a professional health care provider. If you desire to obtain health care services from Marshak, please contact Marshak via the methods set forth in Section 4. The ability to post Content is provided to allow users, Participants, and Marshak to share ideas and information of interest. Marshak cannot and does not monitor all of the Content posted or transmitted by users and Participants. You are advised to use your best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at www.marshakclinic.com. In the event that any posted Content appears to be inappropriate for display on this Site for any reason, users and Participants are encouraged to contact Marshak in accordance with Section 4 to request removal of such Content.
If you wish to obtain additional information regarding health care services available from Marshak Clinic, you may contact Marshak by the methods below. If you have a medical emergency, you should contact your local emergency services department.
E-mail: intake@marshakclinic.com
Telephone: 1.800.366.8101, 1.310.317.9790
Mail: Director Of Admissions
Marshak Clinic, LLC
23852 Pacific Coast Highway #387
Malibu, CA 90265
You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting Marshak’s and third parties’ rights with respect to Content that appears on the Site and not to download, email, or otherwise transmit such Content in violation of Marshak’s and third parties’ rights. You agree to use the Site solely to accommodate your own personal needs. You may not use or exploit any portion of the Site to provide any commercial services to third parties or offer any portion of the Site to any third party. You shall not use the Site or Services to:
Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;
Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
Impersonate another person or entity, including without limitation, a representative of Marshak or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions;
Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect Marshak or any third party;
Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;
Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information; or
Use the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARSHAK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MARSHAK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MARSHAK MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARSHAK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF MARSHAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE.
THE CONTENT FOUND ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT. NEITHER ACCESS TO THE SITE NOR COMMUNICATION VIA THE SITE CREATES A PHYSICIAN-PATIENT RELATIONSHIP WITH MARSHAK. YOU ARE ADVISED TO SEEK PROFESSIONAL ADVICE DIRECTLY FROM A QUALIFIED HEALTH CARE PROVIDER FOR YOUR SPECIFIC MEDICAL SITUATION.
The Content is owned by Marshak and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Marshak, except that, subject to your compliance with the Terms and Conditions, Marshak authorizes you to view or download a single copy of the Content, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of Marshak or third parties.
Trademarks , Service Marks and Proprietary Identifiers (suggest something like this)
Marshak Clinic, Marshak Method, Marshak Approach, Brain Building and Mind Reconstruction, Marshak Clinic Diet and Marshak Program are trademarks owned by Marshak. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Marshak or the owner of such mark.
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2) and 37CFR 201.38, Marshak’s designated agent for notice of alleged copyright infringement in connection with the Site is: Jeffrey S. Miles, Secretary/General Counsel, 601 Grand Avenue, Unit D, Ojai, CA 93023, Tel. 323-356-1846, Fax. 503-218-8993, email: jsm1001@aol.com. To file a notice of infringement with Marshak, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov.
The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Marshak with respect to the provider of such linked site or the linked site. MARSHAK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
You agree to defend, indemnify, and hold Marshak, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
You and Marshak agree that these Terms and Conditions and the relationship between you and Marshak will be governed by the laws of the State of California without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Marshak will rest exclusively in the state or federal courts located in Los Angeles, California.
Marshak may change the Terms and Conditions from time-to-time. If such a change is made, Marshal will post the revised Terms and Conditions on the Site. Marshak reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. Marshak reserves the right to refuse to offer access to the Site to anyone at anytime without notice.
The Terms and Conditions constitute the entire agreement between you and Marshak relating to the Site. There is no agency, partnership, joint venture, employee-employer, or physician-patient relationship between you and Marshak arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs, and executors. If any provision of the Terms and Conditions 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 the Terms and Conditions, which shall remain in full force and effect. The failure of Marshak to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site or the Terms and Conditions must be filed within one year after such claim or cause of action arose. Section titles are merely for convenience and will not have any effect on the substantive meaning of the Terms and Conditions.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.
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