Terms and Conditions of Service
Last updated: March 30, 2021
Do not ever manage or communicate medical or surgical emergencies with this website. Immediately call 911 or seek other emergency medical assistance if you believe you might be experiencing a medical or surgical emergency.
Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Arizona, United States of America
Company (referred to as either "the Company", "We", “I”, ”Us" or "Our" in this Agreement) refers to John Fuhrman, MD, PLLC, a PLLC registered in Arizona, U.S.A.
Device means any device that can access the Service such as but not limited to a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Fuhrman Clinic, accessible from https://www.fuhrmanclinic.com/
You and Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGEMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your agreement to these Terms includes an agreement to arbitrate all claims and disputes, as described further below.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions and the terms of Our Privacy Policy. If You disagree with any part of these Terms and Conditions or any part of this Privacy Policy then do not access the Service directly or indirectly.
You represent and warrant that You are over the age of 18 years. The Company does not permit those under 18 years old to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
NOT MEDICAL ADVICE AND NO MEDICAL SERVICE
The information on the Website is not specific medical advice or guidance for any individual, might not apply to or be appropriate for Your individual circumstances, and is meant for general information purposes only, including videos, text, images, and other information. The Website is designed and intended solely to complement and not replace, nullify, or challenge Your relationship to a medical doctor or other healthcare professional or the information or advice exchanged between You and a medical doctor or other healthcare professional. The Website does not provide medical, professional, or licensed advice. The Website is not a substitute for seeing Your doctor or other healthcare professional, and You should seek all answers to all Your medical questions from such person and not the Website. Do not use the Website to diagnose or treat any medical condition whether Yours or another person's. No content and no information on the Website warrants or represents that any particular approach, framework, device, procedure, or treatment is safe, effective, or appropriate for You. To the extent that We make any implied or explicit recommendation of any particular service or product, such recommendation is only general and is not specific to any particular person or medical condition. Do not disregard professional medical advice or delay seeking professional medical advice because of anything You saw, read, considered, or learned on the Website.
Relying on the Website’s information is solely at Your own risk. We make no warranty or representation, express or implied. We assume no responsibility and assume no legal liability for the completeness, accuracy, timeliness, appropriateness, or quality of any information on the entire Website. We reserve the right to amend or withdraw information on the Website, partially or in full, in our sole discretion without notice. Such amendments or withdrawals will be effective as of their posting to the Website.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Website is in no way acting as a publisher or disseminator of material contained on other web sites. Any link to another web site shall not be construed to mean that the Company approves, endorses, or recommends, or is affiliated or associated with, that other web site. A link to another web site shall not be construed to mean that the Company is authorized to use any trade name, service mark, trademark, logo, copyrighted work, or symbol that might be reflected in the link or description of the link to that other web site. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services, and that You access and use web sites and services solely at Your own risk. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites that You visit.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to 10 United States dollars (U.S. $10.00).
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
This limitation of liability is comprehensive and applies to all damages and losses of any kind whatsoever, whether indirect or direct, special, general, consequential, incidental, exemplary or otherwise, arising under the theory of law, regulation, statute, or rule, including without limitation, loss of access, data, profits or revenue, or personal injury or wrongful death. This limitation of liability applies whether the alleged liability is based on negligence, tort, contract, strict liability, or any other bases and even if an authorized representative of the Website should have known or has been advised of the possibility of such damages. You agree that the limitations in this section are an essential element of the basis of the bargain between You and the Company. Even if any limited remedy fails of its essential purpose(s), the limitations in this section will apply.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Website and/or its affiliates under such circumstances for liabilities that otherwise would have been limited will not exceed ten United States dollars (U.S. $10.00).
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, its affiliates, and any of its respective directors, officers, employees, or agents, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, Your expectations, or achieve any intended results.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You, and in such case, You agree that Your use of the Website is at Your own risk. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
INTELLECTUAL PROPERTY OWNERSHIP
Subject to Your compliance with these Terms and Conditions, the Company grants You a limited license that includes nonexclusive, personal, nontransferable, and revocable permission to view the content of the Website. The content on the Website, including all design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, other materials displayed on or that can be downloaded from the Website, belong to Us or a third party licensor to Us. The content on the Website is protected by United States and international copyright and other intellectual property laws.
You may e-mail, download, or print three copies of the materials on the Website for Your personal and noncommercial use; other reproduction or use is not permitted unless with prior written permission from the Company. When You e-mail, download, or print a copy of the materials on the Website, You must also include all copyright, trademark, and other proprietary notices that are in the materials originally. You may not post, reproduce, transmit, publish, broadcast, sell, or distribute material from the Website on any other web site or medium or in printed form without Our prior written permission. You may not modify the information or materials located on the Website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on the Website for any public or commercial purpose. You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices. You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of Your web site by Us or by the Website. However, You may not, without the Company’s prior written permission, frame or inline link any of the content of the Website, or incorporate into another web site or other service any of Our material, content or intellectual property without Our prior written permission.
All rights, title and interest in and to the Website, including all content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein will remain with the Company and Our licensors, partners, contributors and vendors. No ownership interest is transferred to You or any other entity by virtue of making the content available on the Website or granting the foregoing licenses.
Trademarks, trade names, service marks, and logos used or displayed on the Website are registered and unregistered trademarks, trade names, and service marks of the Company or a third party. Nothing in these Terms and Conditions grants or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without the written permission of the Company or such third-party owner. This includes any rights of publicity in the name, likeness and/or voice of John Fuhrman, M.D.
GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. The Company is located in the United States of America (U.S.) and the Website is intended only for use by individuals in the U.S. and not individuals outside the U.S. Your use of the Website may also be subject to other local, state, national, or international laws, and if You access or use the Website from outside the Country then You do so on Your own initiative, at Your own risk, and You are responsible for compliance with all applicable laws, rules, and regulations in Your location in doing so. You consent to the transfer and processing of Your personally identifiable information by submitting Your personally identifiable information to the Website.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company via the email address legal[at]fuhrmanclinic.com. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona and any dispute shall be subject to binding arbitration in Prescott, Arizona, United States of America.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed to the minimum extent necessary to render it enforceable and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and if such change is not possible such provision shall be deemed severed, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
ARBITRATION
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single impartial arbitrator. The place of arbitration shall be Prescott, Arizona, United States of America. The arbitration shall be governed by the laws of the State of Arizona. The award shall be made within five months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. You agree that all submissions to the arbitrator, the existence of the proceedings, the content of the proceedings, the results of the proceedings, and the award shall be confidential. You agree that the arbitration shall be conducted on an expedited basis with minimal discovery and that the arbitrator’s award shall be final and binding.
NO CLASS ACTIONS
You agree to resolve disputes with the Company only on an individual basis and agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. Such modifications or replacements will be effective as of their posting to the Website. Your access or use of the Website following any changes to these Terms and Conditions constitutes Your agreement to follow and be bound by the Terms and Conditions as modified or replaced. You therefore should review these Terms and Conditions and Our Privacy Policy every instance you visit or use this Website. If You do not agree to the new Terms and Conditions, in whole or in part, please stop using the Website and the Service.
GENERAL
You may not assign any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign part or all of these Terms. All sections of these Terms which by their nature are designed to survive expiration or termination of these Terms will survive. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms, together with the Privacy Policy, constitute the entire agreement between You and the Company, superseding any other agreement between You and the Company with respect to such subject matter.
CONTACT INFORMATION AND NOTICES
We may deliver notices to You by electronic mail, social media account or similar platform, a general notice on this website, or by written communication delivered by First Class U.S. Mail to Your address on record with Us.
If you have any communications relating to these Terms and Conditions, You can contact Us by email: legal[at]fuhrmanclinic.com