Terms of Use
The Dr Rau’s Way website located at http://www.drrausway.com ("Website"), is operated
and maintained by Concordia Partners, LLC of Portland, Maine. The information on
the Website is provided to you pursuant to 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.
WARNING
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.
If you wish to keep any information private or proprietary, do not submit it
to the Website.
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 and Canada only. This material is void outside either the United States
of America or Canada, 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
or Canada. If you access the Website from outside the United States or Canada, you
do so at your own risk and are responsible for compliance with the laws of your
jurisdiction.
3. 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.
4. Modifications to the Website
We reserve the right to modify the Website or to change or discontinue any of the
offered services or products 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 information. If you object to any change
to the Website or information on the site your sole recourse will be to discontinue
using the Website. Your continued use of any modified information on the Website
will indicate your assent to such changes.
5. Restricted Activities
You agree not to use the Website to:
(a) violate or encourage the violation of any local, state, national, or international
law;
(b) stalk, harass, or harm another individual;
(c) collect or store personal data about other users of our Website;
(d) impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity;
(e) 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;
(f) 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;
(g) send any message that infringes or violates the rights of any third party;
(h) distribute viruses or other harmful computer code.
In addition, without our written consent, you may not:
(i) 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;
(ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam);
(iii) 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;
(iv) deep link to the Website for any purpose; or
(v) frame the Website, place pop-up windows over its pages, or otherwise affect
the display of its pages.
6. Third Party Services
For your convenience only, the Website may provide links to third-party websites
or locations, including service providers ("Provider") such as our Swiss clinic
partner, the Paracelsus Kliniks. 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.
7. 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.
8. 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 the Website
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 for diagnosing or treating a health problem
or disease, or prescribing or evaluating the advisability, safety, or efficacy of
any medication or medical treatment.
It remains your responsibility to evaluate the accuracy, completeness, and usefulness
of all content on the Website. Consult your health care 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, although Paracelsus Kliniks is a licensed medical clinic
in Switzerland, we are not engaged in your personal medical care unless you choose
to seek treatment at the Paracelsus Kliniks, 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.
9. 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 disclaim 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 site 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 that defects in the Website will be
corrected. You understand and agree that the download or other method of obtaining
any material or information from the Website, and your transmission of any information
in connection with your use of the Website, is done at your own discretion and risk.
10. Limitation of Liability
To the extent permitted under applicable law, in no event will the Website, Concordia
Partners, Paracelsus Kliniks, 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, 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
is limited to the lesser of the fees paid by you to Concordia Partners and Paracelsus
Kliniks or fifty dollars ($50).
11. 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.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Website, Concordia Partners,
and the Paracelsus Kliniks, 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) any information you submit, or transmit through our Website; (2) your use of
the Website; (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.
13. Intellectual Property
We grant to you a nonexclusive right and license to reproduce the Website content
for your personal noncommercial use only. Except for the limited license granted
to you in this Section 14, nothing contained on the Website, or in these Terms shall
be construed to grant any property rights, by license or otherwise, to Dr Rau, the
Website, or Paracelsus Kliniks’ patents, copyrights, trademarks, or other intellectual
property rights. If you violate any of these Terms, permission to use the Website
content automatically terminates and you must immediately destroy any copies you
have made of any portion of the content.
Trademarks
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 Concordia Partners or Paracelsus Kliniks. Any
use of such trademarks, registered or pending, and/or trade dress without the prior
written consent of the trademark owner is expressly forbidden. Any other trademarks
or service marks appearing anywhere on this site are the property of their respective
owners.
Copyright
The Website 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 (“the Content”) are the exclusive
property of Concordia Partners or Paracelsus Kliniks and their licensors. The Content
is protected by U.S. and international copyright laws and may be used for informational
purposes only. Any other use of the Content without the prior written consent of
the copyright owner is expressly forbidden.
14. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the Privacy Policy,
the services provided on the Website, ("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 Portland, Maine. 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. You may
seek interim or preliminary injunctive relief from a court of competent jurisdiction
Portland, Maine, as necessary to protect the rights or property of you pending the
completion of any arbitration proceeding.
15. General
The Terms constitute the entire and exclusive and final statement of the agreement
governing your use of the Website and supersedes any prior agreements or negotiations
between you and Concordia Partners or Paracelsus Kliniks with respect to the subject
matter hereof. The Terms and the relationship between you and the Website and/or
Concordia Partners shall be governed by the laws of the State of Maine, without
giving effect to any choice of laws or principles that would require the application
of the laws of a different country or state.
Concordia Partners 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 agree that the court or the Arbitrator should endeavor to
give effect to the intentions 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 Website 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 5 through
15 shall survive any expiration or termination of the Terms.