Terms of Use
Your use of this Web site constitutes your acceptance of Dr. Samantha's Terms and Conditions of Use (“Terms of Use” or “Agreement”)
This website, www.drsamantha.com (this “Web Site”) is provided by [ENTITY] (“[Entity]”, “we”, or “us”). The content available on, or accessible through, this Web Site, such as text, graphics, images, information obtained from licensors, and other materials (the “Content”) is for informational and educational purposes only. Your access and/or use of this Web Site confirm your assent to be bound by the terms and conditions of these Terms of Use. If you are not willing to accept the terms and conditions in these Terms of Use, as modified or amended, or if you become dissatisfied with this Web Site, please immediately stop using this Web Site. Failure to abide by these Terms of Use may result in the immediate termination of your access to this Web Site, without recourse.
This Site provides general information regarding health issues, but the Content is not exhaustive of all physical conditions, ailments, diseases, or treatments. Neither this Web Site, nor its Content, is intended to treat, diagnose, cure, prevent, ameliorate, or palliate any disease or condition. The Content has not been evaluated by the FDA. Reliance on any Content is solely at your own risk.
Neither this Site, nor its Content, is for the purpose of medical diagnosis or treatment, including self-diagnosis or treatment, nor is it a substitute for individual medical or professional advice, care, diagnosis, or treatment. [Entity], and Dr. Samantha, do not recommend the self-management of one’s health care.
NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. YOU SHOULD SEEK THE ADVICE OF YOUR OWN PERSONAL PHYSICIAN OR HEALTH CARE PROVIDER: BEFORE TAKING ANY ACTION RELATED TO ANY CONTENT, INCLUDING THE UNDERTAKING OF ANY DIET, EXERCISE, OR OTHER HEALTH PLAN OR PROGRAM; OR IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, A MEDICAL CONDITION, OR ANY PLAN OR COURSE OF TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
1. The Web site Does Not Provide Medical Advice
The contents of the Web site www.drsamantha.com (the “Web site”), which is owned and operated by Dr. Samantha Brody (“Dr. Samantha” “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 has not been evaluated by the FDA and 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. You should seek medical attention before undertaking any diet, exercise or other health program described on the Web site. Dr. Samantha does not recommend self-management of one’s health care. Reliance on any information provided by or via the Web site is solely at your own risk.
Information obtained by using the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Web site is compiled from numerous sources. Dr. Samantha and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Web site. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Web site. If you think you may have a medical emergency, call your doctor or 911 immediately.
The Web site contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.
2. Your Acceptance of Dr. Samantha’s Terms of Use and Privacy Policy
Your use of and/or visitation to the Web site signifies your agreement to (1) these terms and conditions (the “Terms of Use”) and (2) Dr. Samantha’s privacy notice (the “Privacy Policy”), found at https://drsamantha.com/dr-samantha-site-privacy-policy/ and incorporated herein by reference. If you do not agree to any of these Terms of Use or Dr. Samantha’s Privacy Policy, please do not use the Web site. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version, found at https://drsamantha.com/dr-samantha-site-terms-of-use/. In its sole discretion, Dr. Samantha may modify or revise these Terms of Use and/or its Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
3. Your Use of the Web site – Permissions and Restrictions
Dr. Samantha hereby grants you permission to access and use the Web site as set forth in these Terms of Use, under the following conditions:
- You agree to use the Web site for lawful purposes only. The Content is protected by copyright and other intellectual property laws under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with Dr. Samantha or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Dr. Samantha. All rights not expressly granted herein are reserved to Dr. Samantha and its licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
- Dr. Samantha 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 Dr. Samantha. 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.
- You agree not to alter or modify any part of the Web site.
- Any special rules for the use of certain software and other items provided on the Web site may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference.
- You agree not to access or use the Web site for any commercial use without the prior written authorization of Dr. Samantha. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Dr. Samantha’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 Dr. Samantha finds, in its sole discretion, to be a use of Dr. Samantha’s resources or User Submissions to compete with or displace the market for Dr. Samantha, drsamantha.com content, or its User Submissions.
- You agree that Dr. Samantha, 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 Dr. Samantha, at its sole discretion, chooses. Furthermore, you agree that Dr. Samantha may edit User Submissions.
- You agree that Dr. Samantha shall have the right, but not the obligation, to monitor the content of the Web site and to remove any material that Dr. Samantha, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
- Dr. Samantha reserves the right to discontinue any aspect of the Web site at any time.
6. 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 Dr. Samantha, or its shareholders, directors, officers, or employees. Under no circumstances shall Dr. Samantha, or its shareholders, directors, officers, 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.
7. 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 Dr. Samantha and its suppliers. Additionally, third parties, not Dr. Samantha, sell the products described in the “Health Store.” All dietary supplements and ingestible or topical products discussed on the Web site are sold by parties other than Dr. Samantha. While Dr. Samantha receives referral fees in many cases, it does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on the Web site.
8. Limitation on Liability of Dr. Samantha
If you are dissatisfied with the Web site, any information found thereon, or with any of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Web site. Dr. Samantha assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Web site.
9. Indemnification
You agree to defend, indemnify and hold harmless Dr. Samantha and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Web site and/or any information, services and/or goods purchased or provided via the Web site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; and/or (iv) any claim that any of your User Submissions caused damage to a third party. The obligations under this Section will survive these Terms of Use and your use of the Web site.
10. Advertisements, Product/Service Promotions and Links to Other Sites
Dr. Samantha discusses certain products and/or services of third parties on the Web site. Occassionally the third-party product and/or service provider will pay Dr. Samantha a referral fee for purchases made by individuals that are referred to it by Dr. Samantha. As noted above, Dr. Samantha makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Web site is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Web site may lead to other web sites that are not controlled by, or affiliated with, Dr. Samantha. In addition, other web sites may link to the Web site. Unless expressly stated, Dr. Samantha has not reviewed or endorsed those web sites, has no control over those web sites and is not responsible for the content or privacy policies, or practices of any third party web sites. In addition, Dr. Samantha will not and cannot censor or edit the content of any third-party web site. By using the Web site, you expressly relieve Dr. Samantha from any and all liability arising from your use of any third-party web site that you visit through the Web site. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each other web site that you visit.
Dr. Samantha 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 Dr. Samantha including, without limitation, responses to questionnaires or through postings to the Web site, Dr. Samantha’s Facebook Page or Twitter Handle, 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.
12. Privacy Policy
Your acceptance of these Terms of Use and/or use of the Web site constitutes your acceptance of Dr. Samantha’s Privacy Policy.
14. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated (“Modified Terms”) by Dr. Samantha at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Web site. Any access to or use of the Web site by you after such posting shall be deemed to constitute your acceptance of such Modified Terms.
15. Entire Agreement
These Terms of Use, as modified from time to time by Dr. Samantha, and including Dr. Samantha’s Privacy Policy incorporated herein by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
18. 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 Dr. Samantha Brody 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.
19. Ability to Accept Terms
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
20. General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Dr. Samantha by your use of the Web site or otherwise. The provisions of these Terms of Use which by their sense and context are intended to survive the termination of these of Terms of Use or your use of the Web site shall so survive and continue to bind the parties. Without limiting the generality of the foregoing, the parties specifically acknowledge that the following provisions shall so survive: Sections 2, 6, 7, 8, 9, 10, 11, 12, 13, 15, 18 and 20. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dr. Samantha without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of Dr. Samantha, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.