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Terms of Use
1. AGREEMENT By using this website, you are agree, without
limitation or qualification, to be bound by, and to comply with,
these Terms and Conditions and any other posted guidelines or
rules applicable to this website.
2. RIGHT TO ACCESS You acknowledge and agree that
Dr. Robert Hulbert, D.C. (from now on in this document called
Dr. Robert Hulbert) may terminate your access
to the website should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by Dr.
Robert Hulbert. Any such termination shall
be in Dr. Robert Hulbert's sole discretion
and may occur without prior notice, or any notice. N
3. COPYRIGHT All information contained on this site is
copyright (c) 2008 by Dr. Robert Hulbert. All rights
reserved. The information contained on this site may not be
copied, published, distributed, broadcast or otherwise used for
any purpose whatsoever without the prior written consent of Dr.
Robert Hulbert.
4. PROFESSIONAL ADVICE No information on this site is
intended as, or shall be construed as, legal, financial, medical
or expert advice of any kind. Dr. Robert Hulbert are not responsible for typographical errors, editing
errors, or news source errors. DR. ROBERT HULBERT STRONGLY
SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL
REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER OF WARRANTIES THE INFORMATION ON THIS WEBSITE
IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, DR. ROBERT HULBERT DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON
THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DR. ROBERT
HULBERT DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN
THE WEBSITE. Dr. ROBERT HULBERT
SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DR.
ROBERT HULBERT DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. DR.
ROBERT HULBERT DISCLAIMS ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. DR. ROBERT HULBERT DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING
ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING,
WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. DR. ROBERT HULBERT MAKES NO WARRANTY REGARDING THE RELIABILITY OR
ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY
DR. ROBERT HULBERT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers may
not apply to you insofar as they relate to implied warranties.
6. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT UNDER NO CIRCUMSTANCES SHALL DR. ROBERT HULBERT ITS EMPLOYEES, WRITERS, CONTRACTORS, OR PRINCIPALS
BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE
WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DR. ROBERT
HULBERT OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE
WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH
LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO, THE DR. ROBERT HULBERT NETWORK. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE,
FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT
STORED THROUGHOUT THE www.drhulbert.com website.
UNDER NO CIRCUMSTANCES SHALL DR. ROBERT
HULBERT OR ITS CONTRACTORS BE HELD LIABLE FOR ANY DELAY OR FAILURE
IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF
LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF
GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS
OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitation may
not apply to you.
7. EXTERNAL LINKS Dr. Robert Hulbert may
provide, or third parties may provide, links to other sites or
resources located on the World Wide Web by allowing a user to
leave the Lakewoods Chiropractic website to access third-party
material or by bringing the third party material into this site
via "inverse" hyperlinks and framing technology. Dr.
Robert Hulbert has no control over such sites
and resources. You acknowledge and agree that Dr. Robert Hulbert is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Dr. Robert Hulbert shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or
through any such site or resource.
8. INDEMNITY AND RELEASE By using this
website you agree to indemnify Dr. Robert Hulbert and its contractors, employees, and licensors and hold
them harmless from any and all claims and expenses, including
attorney's fees, arising from your use of this website. By using
this website you
are hereby agreeing to release Dr. Robert Hulbert and its contractors, employees, and licensors from any
and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising
out of or in any way related to such disputes and/or to the
website. LIMITATION OF ACTIONS: You acknowledge and agree
that, regardless of any statute or law to the contrary, any
claim or cause of action you may have arising out of, or
relating to, your use of the website must be filed within
one (1) year after such claim or cause of action arises, or
forever be barred.
9. FAIR USE Dr. Robert Hulbert publishes
excerpts and summaries from copyrighted works under Fair Use,
which allows the use of copyrighted materials for purposes of
commentary and criticism for the public interest. Dr. Robert
Hulbert transforms summaries of the
original copyrighted work into a new format and adds new
information and value in the form of commentary or criticism.
Dr. Robert Hulbert has no intention to
compete with the original copyrighted content. Rather, it is Dr.
Robert Hulbert's intention to promote such
content and deliver readers to such content. Accordingly, when
Dr. Robert Hulbert cites a copyrighted work
for commentary or criticism, Dr. Robert Hulbert acknowledges the original source and places a clickable
link that offers users the opportunity to click directly to the
original source of such information. The original publishers
benefit from such links in terms of delivered audience,
attention and potential advertising revenues, for which Dr.
Robert Hulbert requests absolutely no payment or
consideration.
10. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS It is the
policy of the Dr. Robert Hulbert to respond
expeditiously to claims of intellectual property infringement.
Dr. Robert Hulbert will promptly process and
investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying or substantially complying with the
DMCA, Dr. Robert Hulbert will act
expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or
disable access to any reference or link to material or activity
that is claimed to be infringing.
11. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES Unless
expressly stated to the contrary elsewhere within this website,
all legal issues arising from or related to the use of this
website shall be construed in accordance with, and all questions
with respect thereto shall be determined by, the laws of
California, USA applicable to contracts entered into and wholly
to be performed within said state. Any controversy or claim
arising out of or relating to these Terms and Conditions or any
user's use of this website shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in
Sacramento, California, USA and judgment on the arbitration award
may be entered into in any state or federal court in Sacramento,
California,
USA having jurisdiction thereof. Any party seeking temporary or
preliminary injunctive relief may do so in any state or federal
court in Sacramento, California, USA. having jurisdiction
thereof. Except as set forth above, the state and federal courts
of Sacramento, California, USA
shall be the exclusive forum and venue to resolve disputes
arising out of or relating to these Terms and Conditions or any
user's use of this website. By using this website and thereby
agreeing to these Terms and Conditions, users consent to
personal jurisdiction and venue in the state and federal courts
in Sacramento, California, USA. with respect to all such disputes.
12. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN WEBSITE
Dr. Robert Hulbert reserves the right to
modify this website from time to time, for any reason, and
without notice, including the right to terminate the website.
Dr. Robert Hulbert reserves the right to
modify these Terms and Conditions from time to time, without
notice. Please review these Terms and Conditions from time to
time so you will be apprised of any changes.
13. NON-WAIVER AND SEPARABILITY Dr. Robert
Hulbert's failure to exercise any right or provision of
these Terms and Conditions shall not constitute a waiver of such
right or provision. If a court of competent jurisdiction holds
any provision of these Terms and Conditions to be invalid, the
parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the
provision, and agree that the other provisions of these Terms
and Conditions remain in full force and effect.
14. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to
resell, assign, sublicense, otherwise transfer, or delegate your
rights or obligations under these Terms and Conditions without
prior express written authorization of Dr. Robert Hulbert.
15. SUCCESSORS AND ASSIGNS Without in any way limiting the
prohibition on your resale, assignment, sublicensing, or other
transfer of rights or obligations, these Terms and Conditions
shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, and assigns.
16. TERMINATION; SURVIVAL These Terms and Conditions shall
continue in effect for as long as you use this website, unless
specifically terminated earlier by Dr. Robert Hulbert. All provisions of these Terms and Conditions which
impose obligations continuing in their nature shall survive
termination of these Terms and Conditions.
17. VIOLATIONS OF TERMS AND CONDITIONS Should you violate
these Terms and Conditions or any other rights of Dr. Robert
Hulbert, Dr. Robert Hulbert reserves the right to pursue any and all legal and
equitable remedies against you.
We hope your enjoyment of Dr. Robert
Hulbert's website will be enhanced by the application of these
Terms and Conditions. Thank you for taking the time to read
these Terms and Conditions and we hope you enjoy our website.
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