Terms of Use

Welcome to the dr-lobisco.com website (the “Site”). This Site is operated by Sarah LoBisco, ND-Doctor of Naturopathic Medicine (herein referred to as “we”, “us”, and “our”).  Your use of the Site is subject to the following terms and conditions.

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms). If you do not agree to these Terms, do not use this Site. Sarah LoBisco, ND-Doctor of Naturopathic Medicine reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. Your continued use of the Site will constitute your acceptance of any such changes.

  1. ADDITIONAL TERMS

 

Note that special terms may apply to some services offered on the Site, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities.  These terms are posted in connection with the applicable service (“Additional Terms”).  Any such terms are in addition to these Terms of Use.

 

  1. USE OF THE SITE

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
  • Posting that is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • Posting that is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
  • Posting that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
  • Posting any information which is untrue, inaccurate or not your own.
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation.
  • Attempting to interfere in any way with the Site’s or Sarah LoBisco, ND-Doctor of Naturopathic Medicine’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system, contains a virus or other harmful component.

We may suspend or terminate your ability to use the Site or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

  1. LINKING

Links to third party websites may be provided on this Site.  If so, they are provided solely as a convenience to you.  If you use such links, you will leave this Site.  We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these websites and their content.  We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them.  If you access any third party websites linked from this Site, you do so at your own risk. Nonetheless, Sarah LoBisco, ND-Doctor of Naturopathic Medicine seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

  1. INTERNATIONAL

We control and operate the Site from the United States. The Site is intended for viewing and use in the United States.  If this Site is viewed internationally, you are responsible for compliance with applicable local laws.  We do not intend to provide our products or services outside the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States.

  1. PRIVACY

Sarah LoBisco, ND-Doctor of Naturopathic Medicine respects your privacy and the privacy of other visitors to the Site.  Additionally, by using this Site, you acknowledge and agree that Internet transmissions may never completely private or secure.

  1. PROPRIETARY RIGHTS

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of Sarah LoBisco, ND-Doctor of Naturopathic Medicine or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.

  1. SUBMITTED CONTENT

Sarah LoBisco, ND-Doctor of Naturopathic Medicine does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Sarah LoBisco, ND-Doctor of Naturopathic Medicine a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Sarah LoBisco, ND-Doctor of Naturopathic Medicine the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Sarah LoBisco, ND-Doctor of Naturopathic Medicine will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

  1. COPYRIGHT INFRINGEMENT

Sarah LoBisco, ND-Doctor of Naturopathic Medicine has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Please use the contact information at the bottom of the site pages make a claim of infringement.

Sarah LoBisco, ND-Doctor of Naturopathic Medicine will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent using the contact information at the bottom of the site pages. To be effective, the notification must be in writing and contain all the information necessary to comply with the DMCA (DMCA, 17 U.S.C. §512(c)(3)).

  1. DISCLAIMERS

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).  WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Sarah LoBisco, ND-Doctor of Naturopathic Medicine, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms, content posted to the Site by you, or your violation of any law or the rights of a third party.

  1. LIMITATIONS OF LIABILITIES

IN NO EVENT SHALL SARAH LOBISCO, ND-DOCTOR OF NATUROPATHIC MEDICINE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SARAH LOBISCO, ND-DOCTOR OF NATUROPATHIC MEDICINE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SARAH LOBISCO, ND-DOCTOR OF NATUROPATHIC MEDICINE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO SARAH LOBISCO, ND-DOCTOR OF NATUROPATHIC MEDICINE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

 

  1. ENFORCEMENT

These Terms and any dispute of any sort that might arise between you and Sarah LoBisco, ND-Doctor of Naturopathic Medicine or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in New York, New York with respect to any legal proceeding that may arise in connection with these Terms and your use of the Site. In addition, you expressly waive any right to a jury trial in any legal proceeding against Sarah LoBisco, ND-Doctor of Naturopathic Medicine, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms.

Any claim or cause of action you have with respect to use of the Site must be commenced within three (3) months after the claim arises, otherwise, such cause of action shall be permanently barred.

  1. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  1. MODIFICATIONS

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

  1. GENERALLY

Unless otherwise specified herein, these Terms, constitute the entire agreement between you and Sarah LoBisco, ND-Doctor of Naturopathic Medicine with respect to the Site. Sarah LoBisco, ND-Doctor of Naturopathic Medicine may deny you access to the Site at any time, immediately and without notice, if in Sarah LoBisco, ND-Doctor of Naturopathic Medicine’s sole discretion you fail to comply with any provision of these Terms. If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any waiver of any breach by you or others of these Terms, or of any provision hereof, will only be effective if in writing and signed by Sarah LoBisco, ND-Doctor of Naturopathic Medicine.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please refer to our contact info.

  1. ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

  1. EFFECTIVE DATE

These Terms of Use are updated as of June 15, 2016, and shall remain in effect until modified and/or updated as provided above.

© 2016 Sarah LoBisco, ND-Doctor of Naturopathic Medicine. All rights reserved.