1. The Website Does Not Provide Medical Advice
The contents of the Website, such as text, graphics, images, information obtained from the Website’s licensors and other material (“Content”) contained on the Website is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, dietary supplement, exercise or other health program described on the Website. We do not recommend self-management of one’s health care. Reliance on any information provided by or via the Website is solely at your own risk.
Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Website is compiled from numerous sources. Sharon Kelley, LLC and its employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Website. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your doctor or 911 immediately.
3. Your Use of the Website – Permissions and Restrictions
Sharon Kelley, LLC authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Sharon Kelley, LLC. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
You agree not to (i) alter or modify any part of the Website or (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You agree not to access or use the Website for any commercial use (or otherwise seeking to monetize the Website) without the prior written authorization of Sharon Kelley, LLC. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Sharon Kelley, LLC’s express approval:
posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam” with respect to products or services;
advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Website;
selling of access to the Website or its related services on another web site;
using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
any use of the Website or its related services that Sharon Kelley, LLC finds, in its sole discretion, to be a use of Sharon Kelley, LLC’s resources or User Submissions to compete with or displace the market for Sharon Kelley, LLC, Sharon Kelley, LLC content, or its User Submissions.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Sharon Kelley, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, worm, time bomb, Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, Sharon Kelley, LLC grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sharon Kelley, LLC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in Sharon Kelley, LLC’s opinion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
You agree not to collect the personally identifiable information of any other user(s) of the Website.
You agree not to impersonate any other person, forge an email address or create a false identity while using the Website or conduct yourself in a vulgar or offensive manner while using the Website. You agree that Sharon Kelley, LLC may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Sharon Kelley, LLC’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
You agree that Sharon Kelley, LLC, should it accept a User Submission, may include that User Submission on the Website for as long or as short a period of time as Sharon Kelley, LLC, at its sole discretion, chooses. Furthermore, you agree that Sharon Kelley, LLC may edit User Submissions and/or remove User Submissions at any time.
You agree that Sharon Kelley, LLC shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that Sharon Kelley, LLC, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
Sharon Kelley, LLC reserves the right to discontinue any aspect of the Website at any time.
4. Sharon Kelley, LLC Accounts
5. Electronic Communications
By establishing an account with the Website, you consent to receiving electronic communications from Sharon Kelley, LLC. These communications will include notices about your account and information concerning or related to the Website and/or our services. These communications are part of your relationship with Sharon Kelley, LLC and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you have any questions or feedback regarding the Website or your use thereof, you may contact Sharon Kelley, LLC at email@example.com.
6. Right to Terminate
7. Disclaimer of Opinion
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties (including other users) on the Website are those of the respective authors or producers and not of Sharon Kelley, LLC, or its shareholders, directors, officers, or employees. Under no circumstances shall Sharon Kelley, LLC, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed or promoted via the Website is at your sole risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Sharon Kelley, LLC and its suppliers. Additionally, third parties, not Sharon Kelley, LLC, sell the products described in the “Health Store.” All dietary supplements and ingestible or topical products discussed on the Website are sold by parties other than Sharon Kelley, LLC. While Sharon Kelley, LLC receives referral fees in many cases, it does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on the Website.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHARON KELLEY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER Sharon Kelley, LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, SECURE, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, PRODUCT, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF DATA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER Sharon Kelley, LLC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. Sharon Kelley, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE Sharon Kelley, LLC WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Sharon Kelley, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Sharon Kelley, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEB SITE HAVE BEEN SATISFIED.
9. Limitation on Liability of Sharon Kelley, LLC
IN NO EVENT SHALL Sharon Kelley, LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Sharon Kelley, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY Sharon Kelley, LLC FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND Sharon Kelley, LLC MAKES NO REPRESENTATIONS THAT THE Sharon Kelley, LLC WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE Sharon Kelley, LLC WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, Sharon Kelley, LLC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, AND (II) U.S. $500.00.
11. Advertisements, Product/Service Promotions and Links to Other Sites
12. User Submissions and Contributions
Sharon Kelley, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sharon Kelley, LLC expressly disclaims any and all liability in connection with User Submissions. Sharon Kelley, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sharon Kelley, LLC will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. Sharon Kelley, LLC reserves the right to remove User Submissions without prior notice. You acknowledge that you have no expectation of privacy with respect to User Submissions or other communications made through the Website.
Sharon Kelley, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Sharon Kelley, LLC including, without limitation, responses to questionnaires or through postings to the Website, Sharon Kelley, LLC’s Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or other web sites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against Sharon Kelley, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
16. Entire Agreement
18. Digital Millennium Copyright Act
It is Sharon Kelley, LLC’s policy to respect the intellectual property rights of others and Sharon Kelley, LLC seeks to comply with all applicable laws, statutes, ordinances, rules and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Sharon Kelley, LLC to locate the material;
Information reasonably sufficient to permit Sharon Kelley, LLC to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its/his/her agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sharon Kelley, LLC’s designated Copyright Agent to receive notifications of claimed infringement is: http://www.drsharonkelley.com/contact-us. Other feedback, comments, requests for technical support, and other communications should be directed to Sharon Kelley, LLC customer service through http://www.drsharonkelley.com/contact-us. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
Sharon Kelley, LLC will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Sharon Kelley, LLC will act expeditiously to remove or disable access to any User Submission(s) 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 User Submissions or activities that are claimed to be infringing.
If you are the owner or an agent thereof, of material that was removed from the Website or disabled after Sharon Kelley, LLC received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Sharon Kelley, LLC a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sharon Kelley, LLC may send a copy of the counter-notice to the original complaining party informing that person that Sharon Kelley, LLC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides Sharon Kelley, LLC with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sharon Kelley, LLC’s sole discretion.
19. Intellectual Property Notice
All content on the Website, including, without limitation, all newsletters, e-newsletters and other materials distributed via the Website, are owned by Sharon Kelley M.D., Sharon Kelley, LLC, or its licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
20. Ability to Accept Terms
Updated May 31, 2018