Thank you for visiting the DrLarry.com – http://www.drlarry.com website (known hereafter as “DrLarry.com” and “Website”). These Terms and Conditions of Use set forth the agreement governing the operation and use of DrLarry.com, owned, operated and maintained by Dr. Larry, Inc. (Dr. Laurence “Larry” Deutsch”), a leading provider of medical hypnosis and hypnotherapy products.
ACCEPTANCE OF AGREEMENT
Please read these terms and conditions carefully before using our Website. By using the Website, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use the Website. We may make changes to the Website, these terms and conditions, or the policies and conditions that govern the use of the Website at any time. We encourage you to review the Website and these terms periodically for any updates or changes.
Your continued access or use of our Website shall be deemed your notification and acceptance of these changes.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and us and govern the use of our Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
THE WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on the Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Website for diagnosing or treating a health problem, condition or disease, or for prescribing any medication or other treatment.
You should ALWAYS speak with your physician or other healthcare professional before taking any medication or adopting any treatment or embarking on any program for a health problem or for purposes of personal physical fitness. You should seek the advice of a physician or other healthcare professional regarding any products or services purchased from DrLarry.com.
If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional medical advice because of something you have read on the Website. Information provided on the Website and the use of any products or services purchased from DrLarry.com or affiliated websites by you DOES NOT create a doctor-patient relationship between you and Dr. Laurence “Larry” Deutsch.
Information and statements regarding the efficacy of the products and services for purchase on the Website have not been evaluated by the U.S. Food and Drug Administration or by Health Canada and are not intended to diagnose, treat, cure, or prevent any disease.
Dr. Laurence “Larry” Deutsch is not responsible for any use of the products and services for purchase on the Website that do not conform with this agreement.
YOUR USAGE OF THE WEBSITE
You agree to use our Website only for lawful purposes.
The Website is provided for your use on an “as is,” “as available” basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “associates”), do not make any representations or warranties of any kind, express or implied, with respect to our Website or its Content, including, without limitation, the services or information offered or sold on or through our Website or any other website to which our Website links and the uninterrupted or error-free use of our Website.
We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.
We do not warrant that our Website or files available on our Website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of the Website and any website linked to our Website is expressly at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Website, use of our Website, or access to our Website.
PAYMENTS AND TRANSACTIONS
Certain products or Services may be offered for sale on our Website. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by our Website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing our Website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Website or any data or information transmitted in connection with the use of the Website. (ii) personal injury or death caused by your use or misuse of our Website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our Website, or (vi) any other matter relating to our Website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our Website.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our Website, your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another person.
PRIVACY
We respect your privacy in accordance with the terms of our Privacy Policy. We reserve the right to monitor our Website and to disclose any information recorded or posted on, submitted to, or transmitted through our Website to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our Website, or to protect our rights or property or the rights or property of our users. In addition, we are committed to protecting the privacy of children. The Website is not intended or designed to attract children under the age of 13.
APPLICABLE LAW: JURISDICTION AND VENUE
We control our Website from our offices within Canada. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Canadian export laws and regulations. Any claim relating to our Website, the services provided through our Website or the Content shall be governed by the internal laws of the province of Ontario, Canada, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the provincial and federal courts located in Ottawa, Ontario,Canada.
DISCLAIMERS
All information contained on our Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not intended as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Website for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our Website. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT constitute a doctor-patient relationship between you and Dr. Laurence “Larry” Deutsch.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Website. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
Price and availability information on our Website is subject to change without notice.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify us by providing us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on our Website where the material that you claim is infringing your copyright interest is located;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send your claim of copyright infringement on our Website to:
By mail:
Dr. Laurence Deutsch
1929 Russell Road – Suite 324
Ottawa, Ontario
K1G 4G3 Canada
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our Website.
COPYRIGHT NOTICE
Copyright 2005-2010 Dr. Larry, Inc. All rights reserved. Any rights not expressly granted herein are reserved.
These terms of service were last updated on 28 January 2010.