BY VISITING https://pacificpearllajolla.com, I AM CONSENTING TO THE TERMS OF SERVICE.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO ME. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF I DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, I WILL EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.
BY ENTERING THE SITE, I ACKNOWLEDGE AND AGREE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT MY AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON ME BY ANY PERSON OR ENTITY.
MEDICAL ADVICE DISCLAIMER
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between myself and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in my state. I will not rely on anything contained in the Site, and will consult a physician licensed in my state in all matters relating to my health. I hereby agree that I shall not make any health or medical-related decision based in whole or in part on anything contained in the Site.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
I hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between myself and the Author. I hereby agree that I shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
The opinions expressed on the Site are not necessarily the opinions of the Author and do not necessarily reflect the opinion of his employer(s). The Site is created by the Author in the Author’s individual capacity, is the Author’s personal web site, is not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.
Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
Comments on the Site are open to the public. Therefore, I will carefully consider comments and refrain from including anything in a comment that I would like to keep private. By uploading or otherwise making available any information to the Author in the form of user-generated comments or otherwise, I grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.
I am responsible for the content I post. I will not impersonate any other person through the Site. I will not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. I will not post content that infringes the intellectual property rights of any other person or entity. I will not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, I grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. I also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
DISCLAIMER OF ALL WARRANTIES
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error-free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of my use of the Site or any course, will the Author be liable to me or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
I agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by me on this Site, (2) any violation of law that occurs by me through the Site, and/or (3) anything I do using the Site and/or the Information contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and my use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of laws principles, and I agree to submit to the jurisdiction of courts in the State of New Hampshire. I further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
I hereby acknowledge that this Agreement represents the entire understanding between myself and the Author concerning my use of the Site and the Information contained therein.
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to me, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHORS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL CARE OR MEDICAL ADVICE. BY ACCESSING THE SITE OR PARTICIPATING IN ANY COURSE, I UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN PARTICIPANT AND THE AUTHORS. I FURTHER ACKNOWLEDGE MY UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL CARE AND ADVICE FROM A LICENSED PHYSICIAN IN MY STATE. ANYONE UTILIZING THE PACIFIC PEARL LA JOLLA SITE OR ANY COURSE CREATED BY PACIFIC PEARL LA JOLLA AGREES TO SPEAK WITH THEIR PERSONAL HEALTH PROVIDERS BEFORE EXERCISE TO MAKE SURE EXERCISE IS SAFE FOR ME. IN ADDITION, DIETARY CHANGES AND NUTRACEUTICALS RECOMMENDATIONS SHOULD BE DISCUSSED WITH AND APPROVED BY MY HEALTH PRACTITIONER.
Updated: MARCH, 2021