Terms of Use

Last modified: December, 2018

DO NOT USE THIS WEBSITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.

These Terms of Use (or “Terms”) are entered into between you and Attia Medical, PC, including any current and/or future affiliate entitles (collectively, “Attia Medical,” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and Attia Medical. “You,” “your,” and similar terms refer to you, the individual visiting this website, any person or entity on whose behalf you are using or visiting this website, as well as any person or entity that has rights through you. “Website,” “site” or similar terms means this website, with a home page located at www.peterattiamd.com, and all subordinate pages.

Not Medical Advice

The information on this website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. This website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use this website for medical diagnosis or treatment. None of the content on this website represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that Attia Medical provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.

Your reliance on any information on this website is solely at your own risk. Attia Medical makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this website. We reserve the right to withdraw or amend this website, and material we provide on the website, in our sole discretion without notice.

Your Agreement to these Terms of Use

By using or visiting the website, you agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document. If you do not agree to be bound by these Terms, do not access or use this website.

YOUR AGREEMENT TO THESE TERMS OF USE INCLUDES AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES, AS DESCRIBED FURTHER BELOW.

Eligibility

This website is intended for use by adults who are 18 years of age or older. By accessing or using the website, you represent and warrant that you are at least 18 years of age.

Based in U.S.

Attia Medical is located in the United States (U.S.) and this website is intended only for use by individuals in the U.S. and is not targeted to non-U.S. residents. Attia Medical makes no representations that the information or materials on or linked through the website are appropriate or available for use in other locations. Those who choose to access or use the website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By submitting your personally identifiable information on the site, you consent to the transfer to and processing of such data in the U.S. This website is not intended to subject Attia Medical to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at legal[at]attiamedical.com

Changes to Website and Terms

We reserve the right to modify, alter or otherwise update the Terms at any time in our sole discretion, at any time. Such modifications or alterations will be effective as of their posting to the website. Your access or use of this website following any changes to these Terms constitutes your agreement to follow and be bound by the terms and conditions as changed. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use this website.

Intellectual Property Ownership

Subject to your compliance with these Terms, Attia Medical grants you a nonexclusive, personal, nontransferable, revocable, and limited license to view the content of this website. The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to us or a third party licensor to us and are protected by U.S. and international copyright and other intellectual property laws. You may e-mail, download, or print a reasonable number of copies of the materials on this website for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this website on any other site without our prior written permission. You may not publish or broadcast material from this website without out prior written permission. You may not modify the information or materials located on this website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this 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.

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 Attia Medical and our licensors, partners, contributors and vendors, and 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 this website are registered and unregistered trademarks, trade names, and service marks of Attia Medical or a third party. Nothing in these Terms of Use 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 this website without the written permission of Attia Medical or such third-party owner. This includes any rights of publicity in the name, likeness and/or voice of Peter Attia, M.D.

Restrictions on Website Use

You agree to not use this website in any way not permitted by these Terms of Use. You agree (i) you will not misrepresent your identity or provide false information to Attia Medical; (ii) you will not attempt to access any part of the website to which access has not been explicitly granted to you; (iii) you will not take any actions that may interfere with operation of this website or the use of this website by other users; (iv) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) you will not violate any applicable laws and regulations; and (vi) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website.

Attia Medical reserves the right to terminate access to any or all features of the website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.

User’s Password Responsibilities

This website may allow you to create a user account. If you make your log-in information available to others, they will be able to view information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. Attia Medical reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.

No Endorsement of Health Care Providers

This website may provide a directory feature or similar tool to help you locate a doctor or other provider (collectively “Health Care Provider”). Such features and tools are provided without cost to you and as a courtesy only. Attia Medical does not recommend or endorse any particular Health Care Provider listed within such a feature or elsewhere on this website. Such information is intended for use as a general information resource only. Further, Attia Medical does not investigate or verify any of the information provided by a Health Care Provider upon enrollment in any directory feature. Contact or other information, including background, education, licensure, scope of practice or clinical expertise, regarding a Health Care Provider may be incomplete, inaccurate, or out of date. The Health Care Providers that may be listed through the use of this feature on our website are not the agents, employees, or partners of Attia Medical or any of Attia Medical’s affiliates or subsidiaries. Attia Medical not control the clinical treatment provided by any such Health Care Provider, and Attia Medical is not responsible or liable for any relationship between you and any Health Care Provider. You should conduct your own research before selecting a Health Care Provider. Selecting a Health Care Provider from a directory feature on the website is not a substitute for a thorough investigation of the Health Care Provider’s professional degree and training, clinical experience, scope of practice and insurance reimbursement options. Although this website may include comments or endorsements from Health Care Providers, we also do not endorse Health Care Providers providing an endorsement, comment or other content. In no event will Attia Medical be liable to you for any direct, indirect, special, or other consequential damages arising out of the use or inability to use any directory feature on our website, including, without limitation, any losses, damages, liabilities, or claims that may result from receiving care from a Health Care Provider whose name or other information appears on this website.

For Health Care Providers

It is a condition of your inclusion in any directory feature or similar tool on the website that the information you provide to be used in such directory is correct, current and complete, and a true and accurate representation of your qualifications and skills. By submitting information to Attia Medical for use in any directory feature and for the duration such information is publicized in any directory feature, you represent and warrant that you: (a) are a licensed medical professional; (b) you have the right to publish such information as submitted; and (c) you have the right to advertise your services using the information you submitted. You grant Attia Medical a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free license to use, reproduce, display, perform and prepare derivative works from any information you submit to Attia Medical for inclusion or use in any directory feature. Attia Medical is not liable to you for any direct, indirect, special, or other consequential damages arising out of your submission of information to or use of any directory feature on our website, including, without limitation, any losses, damages, liabilities, or claims that may result from how your information appears on this website.

Your Comments, Postings, and Ideas

This website may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our website. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such. You agree that you will not send or transmit any communication or content that infringes or violates any rights of any party.

If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to sue, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.

We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public, or could create liability for Attia Medical.

Links to Other Websites

This website may contain links to websites that are not operated by us. These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about uses of devices, products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the privacy policy and terms of use of any such site you visit.

Donations; Receipt of Funds

In order to make a donation via the website, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a donation and that you have all authority necessary to make a donation using the credit card or payment mechanism that you submit. By submitting such information, you grant Attia Medical the right to provide such information to third parties for the purposes of facilitating your donation. You acknowledge and agree that Attia Medical is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.

Security

While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to Attia Medical, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this website. You agree that Attia Medical is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.

Communicating with You

You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.

DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THIS WEBSITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. Attia Medical DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR DOWNLOADING ANY OF ITS CONTENT. BY VISITING THIS SITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Attia Medical, OUR VENDORS AND ADVERTISERS, AND ALL OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “Attia Medical PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OR MISUSE OF THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THIS WEBSITE OR ANY OF ITS CONTENT IS TO STOP USING THE WEBSITE.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL THIS WEBSITE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL , SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Attia Medical. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THIS WEBSITE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00) U.S. DOLLARS.

Arbitration

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in San Diego, California. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.

Governing Law and Statute of Limitations

Any claims relating to, and the use of, this website are governed by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of California, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, the website, or any dispute with Attia Medical in your individual capacity, and not as a member or representative of any class or collective action.

General

You may not assign any rights or obligations under these Terms of Use without Attia Medical’s prior written consent. Attia Medical may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Attia Medical, superseding any other agreement between you and Attia Medical with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.

Contact Information & 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.

This website is operated by Attia Medical, P.C., 5820 Oberlin Dr., Suite 205, San Diego, CA 92121

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: legal[at]attiamedical.com

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