Revivamed and/or Dr. Roya Kohani provides services to you on our site, located at
www.revivamed.com ("Website"), under these terms of use ("Terms"). Please read these
Terms carefully. You understand that these Terms govern your use of the Website.
By using the Website, you signify your assent to these Terms. If you do not agree
to all these Terms, do not use this Website.
If you think you may have a medical emergency, call your doctor or 911 immediately.
We do not recommend or endorse any specific tests, physicians, products, procedures,
opinions, or other information that may be mentioned on the Website. Reliance on
any information provided by us, our employees, others appearing on the Website at
our invitation, or other visitors to the Website is solely at your own risk.
The Website may contain health- or medical-related materials that are sexually explicit.
If you find these materials offensive, you may not want to use our Website.
1. Privacy Policy
Your privacy is important to us. All information collected from you in connection
with your use of the Website is governed by our Privacy Policy, which is incorporated
into these Terms.
2. Who may use the Website
The Website is only for persons able to form legally binding contracts under applicable
law. Without limiting the foregoing, minors, meaning those individuals under 18
years of age, are not eligible to use the Website. We do not knowingly collect personal
information from or about minors through the Website, and we ask that minors not
submit any personal information to us.
The material contained on the Website is intended for residents of the United States
of America only and shall only be construed and evaluated according to United States
law. This material is void outside the United States of America, and where prohibited
by law or regulation. Do not proceed to view the Website if you are not a legal
resident of the United States of America. If you access the Website from outside
the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
3. Advertising
The Website does not accept paid endorsements of products or display banner advertising
of any kind.
4. Modifications to Terms
We may change these Terms from time to time. We will notify you of such changes
by posting the amended Terms on the Website. In addition, we may notify you of material
changes to these Terms in accordance with our Privacy Policy. Modified Terms will
be effective upon acceptance in registration for new users and for all other users
30 days after the posting of any amended terms. If you object to any change to the
Terms, your sole recourse will be to discontinue using the Website. Your continued
use of the Website will indicate your assent to such changes.
5. Modifications to the Website
We reserve the right to modify the Website or to change or discontinue any of the
services offered on the Website with or without notice to you. We shall not be liable
to you or to any third party should we exercise our right to modify the Website
or to change or discontinue our service offerings. If you object to any change to
the Website or our services, your sole recourse will be to discontinue using the
Website. Your continued use of any modified service on the Website will indicate
your assent to such changes.
6. Restricted Activities
You agree not to use the Website to:
- violate or encourage the violation of any local, state, national, or international
law;
- stalk, harass, or harm another individual;
- collect or store personal data about other users of our Website;
- impersonate any person or entity or otherwise misrepresent your affiliation with
a person or entity;
- interfere with or disrupt the Website, or services or networks connected to the
Website, or disobey any requirements, procedures, policies, or regulations of networks
connected to the Website;
- send any message that is unlawful, libelous, defamatory, abusive, sexually explicit,
threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable,
as determined in our sole discretion;
- send any message that infringes or violates the rights of any third party;
- distribute viruses or other harmful computer code.
In addition, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose
any portion of the Website, use of the Website, or access to the Website;
- allow, enable, or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam);
- use any high volume, automated, or electronic means (including, without limitation,
robots, spiders, scripts, or other automated devices) to access the Website or monitor
or copy our web pages or the content contained thereon;
- deep link to the Website for any purpose; or
- frame the Website, place pop-up windows over its pages, or otherwise affect the
display of its pages. Any of these activities shall constitute a material breach
of these Terms. We reserve the right (but are not obligated) to do any or all of
the following:
- remove communications that are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms;
- terminate a user's access to the Website upon any breach of these Terms;
- edit or delete any communication(s) posted on the Website, regardless of whether
such communication(s) violate these standards.
- send any message that is unlawful, libelous, defamatory, abusive, sexually explicit,
threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable,
as determined in our sole discretion;
- send any message that infringes or violates the rights of any third party;
- distribute viruses or other harmful computer code.
Neither we nor our licensors have any liability or responsibility to users of the
Website or any other person or entity for performance or nonperformance of the aforementioned
activities.
7. Your Content
You may submit comments, testimonials, or other content to us (collectively, "Content")
via e-mail links on the Website. You grant to us a royalty-free, perpetual, irrevocable,
nonexclusive, worldwide right and license (with the right to sublicense through
multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works
of, publicly display, and publicly perform your Content in any media now known or
not currently known; and (b) make, have made, sell, offer for sale, import, and
otherwise transfer your Content (collectively, "Use"). You retain all ownership
rights in and to your Content. We may post on the Website or anywhere else in our
sole discretion any such information that you submit to us.If you wish to keep
any information private or proprietary, do not submit it to us by e-mail.
8. Third Party Services
For your convenience only, the Website provides you with links to third-party Websites
or locations, including service providers ("Provider") such as booksellers. Our
provision of such a link does not signify an endorsement by us of the third party,
the third party’s Website, or the services offered by such third-party. We have
no control over, do not review, and cannot be responsible for these outside Websites
or their content. Your use of a third party Website will be at your own risk and
subject to such third party’s terms of use and privacy policy. Should you decide
to use the services of a Provider, any transaction between you and such Provider
(including any agreement governing such transaction) will strictly be between you
and the Provider. We have no control over the Provider’s performance of its services,
and we make no representations or warranties with respect to the Provider’s performance
of its services. You agree that Revivamed and/or Dr. Roya Kohani will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such transaction with a provider.
9. Termination
We may terminate your use of the Website without prior notice for any reason, at
our sole discretion, including without limitation, if we believe that you have violated
these Terms. You may discontinue your access to the Website at any time.
10. Medical Disclaimer
This Website does not provide medical advice. All information on the Website is
of a general nature and is furnished for educational purposes only. No information
contained on the Website or in any e-mail or publication sent to you by Revivamed
and/or Dr. Roya Kohani’s ("Revivamed and/or Dr. Roya Kohani’s Content") is meant
to substitute for the advice provided by your doctor or other healthcare professional.
Always seek the advice of your doctor or other health care professional with any
questions you may have regarding a medical condition. You should not use the information
available on the Website or through the for diagnosing or treating a health problem
or disease, or prescribing or evaluating the advisability, safety, or efficacy of
any medication or medical treatment. Information and statements regarding dietary
supplements have not been evaluated by the Food and Drug Administration and are
not intended to diagnose, treat, cure or prevent any disease. You should carefully
read all product packaging prior to your use.
It remains your responsibility to evaluate the accuracy, completeness, and usefulness
of all content on the Website. Consult your healthcare professional before practicing
any recommendations or acting on any content contained on the Website. Never disregard
professional medical advice or delay in seeking it because of something you have
read on the Website. All persons are strongly advised to seek regular, professional
medical care.
You acknowledge that we are not engaged in the practice of medicine, and that
all decisions made using the Website’s content will be the exclusive responsibility
of you and your physician. We expressly disclaim any responsibility or liability
for any adverse consequences or damages, including without limitation personal injury
and/or death, resulting from your use or the Website or reliance on the Website’s
content. You agree, at your expense, to indemnify and hold us harmless
from any and all losses, liabilities, or damages resulting from any and all claims,
causes of action, suits, proceedings, or demands against us arising from or related
to decisions or recommendations you make using the Website.
11. Disclaimer of Warranties
You expressly agree that use of the Website and its content is at your sole risk.
The Website and all content on the Website is provided on an "as is" and "as available"
basis. We expressly disclaims all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness
for a particular use or purpose, title, and noninfringement with respect to the
service, the Website or the Revivamed and/or Dr. Roya Kohani’s Content.
We make no warranty that the services provided on the Website will meet your
requirements or that the services will be uninterrupted, timely, secure, or error-free,
or free of any harmful components (including viruses); nor do we make any warranty
as to the accuracy or reliability of the Website or the Revivamed and/or Dr. Roya
Kohani’s Content or that defects in the Website or the Revivamed and/or Dr. Roya
Kohani’s Content will be corrected. You understand and agree that the download or
other method of obtaining any material or information from the Website or Revivamed
and/or Dr. Roya Kohani’s Content, and your transmission of any information in connection
with your use of the Website, is done at your own discretion and risk.
12. Limitation of Liability
To the extent permitted under applicable law, in no event will Revivamed and/or Dr.
Roya Kohani, Revivamed and/or Dr. Roya Kohani’s , or their officers, employees,
directors, affiliates, partners, agents, advisors, or contractors be liable for
any indirect, incidental, special, consequential, or exemplary damages, including
but not limited to damages for loss of revenues, profits, use, data, or other intangible
losses (even if such parties were advised of, knew of, or should have known of the
possibility of such damages, and notwithstanding the failure of essential purpose
of any limited remedy), arising out of or related to your use of the Website or
the Revivamed and/or Dr. Roya Kohani’s Content, regardless of whether such damages
are based on contract, tort, warranty, statute, or otherwise. If you are dissatisfied
with any portion of the Website, your sole and exclusive remedy is to discontinue
use of the Website. Our aggregate liability to you for all claims arising from or
related to the Website or the Revivamed and/or Dr. Roya Kohani’s Content is limited
to the lesser of the fees paid by you to Revivamed and/or Dr. Roya Kohani’s for
services provided on the Website or fifty dollars ($50).
13. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations and disclaimers may not apply to you. To the extent
that we may not, as a matter of applicable law, disclaim any implied warranty or
limit its liabilities, the scope and duration of such warranty and the extent of
our liability shall not exceed the minimum permitted under such applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Revivamed and/or Dr. Roya Kohani’s,
and its partners, employees, advisors, officers, directors, consultants, agents,
and affiliates from and against any and all third-party claims, liabilities, damages,
losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs)
that such parties may incur as a result of or arising from (1) your Content and
any information you submit, post, or transmit through our Website; (2) your use
of the Website or the Revivamed and/or Dr. Roya Kohani’s Content; (3) your violation
of these Terms; (4) your violation of any rights of any other person or entity;
or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other
similar harmful or deleterious programming routines input by you into the Website.
15. Notice of Product Pricing
Prices for products offered by Revivamed and/or Dr. Roya Kohani are subject to change
without notice.
16. Intellectual Property
We grant to you a nonexclusive right and license to reproduce the Revivamed and/or
Dr. Roya Kohani’s Content for your personal noncommercial use only. Except for the
limited license granted to you in this Section 16, nothing contained on the Website,
in the Revivamed and/or Dr. Roya Kohani’s Content, or in these Terms shall be construed
to grant any property rights, by license or otherwise, to any invention or any Revivamed
and/or Dr. Roya Kohani’s patent, copyright, trademark, or other intellectual property
rights. If you violate any of these Terms, permission to use the Revivamed and/or
Dr. Roya Kohani’s Content automatically terminates and you must immediately destroy
any copies you have made of any portion of the content.
Trademarks
Revivamed and/or Dr. Roya Kohani, is a licensed trademark used under agreement with
Revivamed and/or Dr. Roya Kohani’s . All images, text, custom graphics, button icons,
the collection and compilation and assembly thereof, and the overall look and distinctiveness
of the Website constitute trade dress and are the property of Revivamed and/or Dr.
Roya Kohani’s . Any use of such trademarks, service marks, registered or pending,
and/or trade dress without the prior written consent of Revivamed and/or Dr. Roya
Kohani’s is expressly forbidden. Any other trademarks or service marks appearing
anywhere on this site are the property of their respective owners.
Copyright
The Website, the Revivamed and/or Dr. Roya Kohani’s Content, and all images, text,
databases, software, code, sound, photos, custom graphics, button icons, the collection
and compilation and assembly thereof, and the overall look and distinctiveness of
the Website are the exclusive property of Revivamed and/or Dr. Roya Kohani’s and
its licensors and are protected by U.S. and international copyright laws. The Revivamed
and/or Dr. Roya Kohani’s Content and any other content on the Website may be used
for informational purposes only. Any other use of the Revivamed and/or Dr. Roya
Kohani’s Content or such other content on the Website without the prior written
consent of Revivamed and/or Dr. Roya Kohani’s is expressly forbidden. The reproduction,
distribution, transmission, sale, transfer, creation of derivative works, modification,
public display, public performance, publication, or any commercial exploitation
of the content of the Website or the Revivamed and/or Dr. Roya Kohani’s Content
is expressly prohibited without the prior written consent of Revivamed and/or Dr.
Roya Kohani’s .
Copyright Infringement
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC
sec. 512, our Site has designated an agent to receive notices of claims of copyright
infringement:
Copyright Officer
Dr. Roya Kohani
drkohani@revivamed.com
We reserve the right to terminate access to our sites of any user who infringes
the proprietary rights of any third party.
17. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the Privacy Policy,
the services provided on the Website, or the Revivamed and/or Dr. Roya Kohani’s
Content ("Claims") shall be resolved by final and binding arbitration before a single
arbitrator ("Arbitrator") selected from and administered by the American Arbitration
Association in accordance with its applicable rules. The arbitration hearing shall
be held in San Diego, California. The prevailing party shall be entitled to reimbursement
from the other party of its reasonable attorney's fees, costs, and disbursements
arising out of the arbitration. Either you or Revivamed and/or Dr. Roya Kohani’s
may seek interim or preliminary injunctive relief from a court of competent jurisdiction
San Diego, California, as necessary to protect the rights or property of you or
Revivamed and/or Dr. Roya Kohani’s pending the completion of any arbitration proceeding.
18. General
The Terms constitute the entire and exclusive and final statement of the agreement
between you and Revivamed and/or Dr. Roya Kohani’s with respect to the subject matter
hereof, and govern your use of the Website superseding any prior agreements or negotiations
between you and Revivamed and/or Dr. Roya Kohani’s with respect to the subject matter
hereof. The Terms and the relationship between you and Revivamed and/or Dr. Roya
Kohani’s shall be governed by the laws of the State of California, without giving
effect to any choice of laws or principles that would require the application of
the laws of a different country or state.
Revivamed and/or Dr. Roya Kohani’s ’s failure to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found to be invalid by either a court of competent
jurisdiction or the Arbitrator, you and Revivamed and/or Dr. Roya Kohani’s nevertheless
agree that the court or the Arbitrator should endeavor to give effect to your and
Revivamed and/or Dr. Roya Kohani’s ’s intentions as reflected in the provision,
and that the other provisions of the Terms 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 the Services or the Terms must be
filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the Terms are for convenience only and have no legal
or contractual effect. Sections 6 through 17 shall survive any expiration or termination
of the Terms.