Terms of Use

Please do not use Endocrine Metabolic Medical Center (EMMC) services or this web site, if you do not agree to these Terms and Conditions and Privacy Policy. We may revise these Terms and Conditions or Privacy Policy at any time by posting notice of the change on our web site. Your continued use of EMMC services or this web site after notice means that you accept such change.

Service and Web Site Usage

The terms and conditions described herein pertain to all users of the EMMC services and all visitors to the EMMC web site.

Disclaimer

EMMC Online is a website and does not engage in the practice of medicine. Your use of the EMMC online service or this web site does not create nor take the place of your physician-patient relationship. You should not use EMMC services or this web site to seek diagnosis, treatment, or any recommended course of action for the treatment of diabetes, any of its complications or any other illness, outside your physician's recommendations. A conscientious effort is made to keep the information current; however, EMMC disclaims any implied guarantee about the accuracy, completeness, or relevance of information provided. In no way should the information be used as a substitute for medical advice, therapeutic recommendation, or prescription.

Billing for Services

We will bill your credit card account in accordance with the authorization you provided when you enrolled. Your continued use of our web site and EMMC services re-affirms that we may charge your credit card as authorized by you. You are responsible and liable for any fees, including attorney and collection fees, which EMMC may incur in its efforts to collect any amounts owed by you. You must tell us about any billing problems or discrepancies within ninety days after they first appear on your account statement. If you do not bring them to our attention within ninety days, you agree that you waive your right to dispute such problem or discrepancy We reserve the right to change our fees or billing methods at any time and we will give you notice of any such change at least thirty days in advance.

Limit of Liability and Warranties

Your use of the EMMC services and this web site is done at your own risk. To the fullest extent permitted by law, we have no liability for any direct, indirect, punitive, incidental, special or consequential damages that result from use of or inability to use EMMC services and this web site, whether such claims are based upon tort, contract or any other legal theory, and whether or not we are advised of the possibility of such damages. We shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000. Any claims against us relating to EMMC services or this web site must be made within one (1) year of the date of the event, which gives rise to such claim. You agree that these Terms and Conditions and the Privacy Policy are not intended to confer and do not confer any rights or remedies upon any person except you and us.

EMMC, this web site and its content are provided on an "as is" basis. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF RIGHTS. We make no warranty as to the accuracy, reliability, completeness, or current timeliness of the contents of this web site or that this web site will be available at any particular time or location.

Indemnity

At our request you agree to indemnify and hold harmless, us, our directors, officers, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities or settlements, including without limitation legal and accounting fees, resulting from or alleged to result from your violation of these Terms and Conditions or your use or misuse of EMMC services or this web site.

International

We are located in Palo Alto, California, in the United States of America. We make no representation that the content of this web site is appropriate or may be downloaded outside the United States. If you chose to access this web site from outside the United States, you do so at your own risk and you are responsible for complying with the laws of your jurisdiction. While we do work with individuals from all over the world, we make no claims to have knowledge of the treatment practices in countries outside of the United States.

Choice of Law

You agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and Privacy Policy and any dispute or claim arising out of these Terms and Conditions, Privacy Policy, or your use of our web site or EMMC services.

Disputes

You agree that any dispute with us or any claim relating to your use of EMMC, use of this web site or products or services from us or through this web site shall be submitted to confidential arbitration in Redwood City, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state or federal courts located in the State of California and you further agree and consent to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this.

Complete Agreement and Severability

These Terms and Conditions of Use and Privacy Policy is the entire agreement between you and us regarding your use of this web site and EMMC services. If any provision of these Terms and Conditions of Use or Privacy Policy is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability shall not affect any other provision. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

Content

EMMC makes every effort to ensure the accuracy of the information it provides via its service and on its website, and encourages individuals to inform EMMC personnel of known errors. EMMC pledges to correct any error in as timely a fashion as possible, but does not assume responsibility for loss or damage incurred from the provision of incomplete or incorrect information.

Inquiries

Individuals who wish to request further information, make observations about EMMC's services or website, offer suggestions for improvement, or voice a complaint are welcome to do so by contacting webmaster@endocrinemetabolic.com.