TERMS and CONDITIONS
Effective as from 02/27/18
The term ‘Kathy Obear’ or ‘us’ or ‘we’ or ‘I’ or ‘me’ or ‘my’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
https://drkathyobear.com/ is a Blog Site.
AGREEMENT BETWEEN USER and HTTPS://DRKATHYOBEAR.COM
Welcome to our website! This site is offered to you conditioned on your acceptance, without modification, of the following terms,conditions, and notices contained herein. By using drkathyobear.com/ you accept and agree to be bound and abide by these Terms. You must agree to and accept all of the Terms of and Conditions, or you don’t have the right to use Our Website.
Please read these terms carefully, and keep a copy of them for your reference.
No Unlawful or Prohibited Use / Intellectual Property
You are expressly restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing
You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
You agree to defend, indemnify, and hold the Company harmless from any claims, losses, liabilities, costs, demands, causes of actions, damages and expenses (including but not limited to reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provision of these Terms.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT PURCHASE MADE BY YOU, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without our prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to and shall be governed by Colorado law.
Your use of drkathyobear.com is at your sole risk. We have made every attempt to ensure the accuracy and reliability of the information provided on its website. However, the information is provided “as is” and “as available.” We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website.
In the spirit of full disclosure, I want to say up front that certain products and links to products on this site are affiliate links, and I will earn a commission for any purchases you make. This will not incur additional cost to you.
My goal is to support you and provide you with useful information, but please understand I run a for-profit business.
For the sake of simplicity, you should assume that any links leading you to products or services are affiliate links that I will receive compensation from your purchase. I only recommend products or services that I feel deliver true value to you.
How we protect your privacy
We use appropriate security measures to protect against the loss, misuse and alteration of data used by our system.
Our email marketing is permission based. If you received a mailing from us, (a) our records indicate that you have expressly shared this address for the purpose of receiving information in the future, (b) you have registered or purchased or otherwise have an existing relationship with us, (c) or you were referred to us. We respect your time and attention by controlling the frequency of my mailings.
By visiting drkathyobear.com or sending emails to Kathy Obear, you consent to receive electronic communications and you agree that all agreements, notices, and disclosures that we provide you electronically satisfy any legal requirement that such communications be in writing.
If you believe you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to firstname.lastname@example.org for review.
If you no longer wish to receive my communications, you may opt-out by simply emailing me at email@example.com.
Sharing and Usage
We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance written permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.
Links to Third Party Sites / Third Party Services
This Web site contains links to other sites that are not owned or controlled by drkathyobear.com. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies ONLY to information collected by this Web site.
This Agreement and any legal notices and disclaimers contained on this Website constitute the entire agreement between yourself and drkathyobear.com in relation to your use of this Website, and supersede any and all prior agreements and understanding in relation to the subject matter of these agreements, whether written or oral between drkathyobear.com and you.
If you have any questions, please do not hesitate to contact me.
Dr. Kathy Obear
This page and these policies were created May 2018. Revised May 2018.