Last Updated February 14, 2021

The Ozark Center for Lifestyle Medicine (“OCLM,” “we,” or “our”) operates various websites and applications (collectively the “Site”) with links to these Terms of Use. By accessing and using the Site, you agree to be bound by these Terms of Use and all other policies that appear on the Site. If you do not wish to be bound by these Terms of Use, you may not use the Site.

Disclaimers

The Site does not provide medical or legal advice. The Site is for information purposes only. Viewing the Site, receipt of information contained on the Site, or the transmission of information from or to the Site does not constitute a physician-patient or attorney-client relationship.

The medical or nutritional information on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Site.

The legal information on the Site is not intended to be a substitute for professional legal advice. If you need legal advice for your specific problem, you should consult a licensed attorney in your area.

As a 501(c)(3) organization, OCLM does not endorse or oppose any candidate for political office.

Privacy

Your use of the Site is subject to OCLM’s Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site and sending emails to OCLM constitute electronic communications. By posting any user-generated content to the Site, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.

Your Account

If you create an account to use the Site, including any electronic health records associated with the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OCLM is not responsible for third party access to your account that results from theft or misappropriation of your account. OCLM reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at any time in OCLM’s sole discretion.

OCLM does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under eighteen (18), you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OCLM, and OCLM is not responsible for any Linked Site’s content, including without limitation any link contained in a Linked Site or any changes to a Linked Site. OCLM provides such links only as a convenience, and the inclusion of any link does not imply endorsement by OCLM of the Linked Site or any association with its operators.

Certain services made available via the Site are delivered by third party sites. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that OCLM may share such information and data with any third party with whom OCLM has a contractual relationship to provide the requested product, service, or functionality on behalf of Site users.

No Unlawful or Prohibited Use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to OCLM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, any compilation thereof, and any software used on the Site, is owned, controlled, or licensed by OCLM and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Site content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use Site content solely for your personal use and will make no other use of the content without the express written permission of OCLM and the copyright owner. You agree that you do not acquire any ownership rights in any Site content. We do not grant you any licenses, express or implied, to the intellectual property of OCLM or our licensors except as expressly authorized by these Terms of Use.

Content Posted or Provided to the Site

OCLM does not claim ownership of the content you or any other user provide to the Site (including feedback, comments, and suggestions) or post, upload, input, or submit to the Site (“Submission”). By posting, uploading, inputting, providing, or submitting your Submission you grant OCLM, our affiliates, and necessary sublicensees permission to use your Submission in connection with the operation of the Site, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission and to publish your name in connection with your Submission.

You will receive no compensation with respect to the use of your Submission. OCLM is under no obligation to post or use any Submission you may provide, and OCLM may remove any Submission at any time in OCLM’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

International Users

The Site is controlled, operated, and administered by OCLM from within the United States of America. If you access the Site from elsewhere, you are responsible for compliance with all local and international laws. You agree that you will not use content accessed on the Site in any country or in any manner prohibited by any applicable laws or restrictions.

Indemnification

You agree to indemnify, defend, and hold harmless OCLM, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, any Submission made by you, your violation of any Terms of Use, your violation of any rights of a third party, or your violation of any applicable laws or restrictions. OCLM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OCLM in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. OCLM MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

OCLM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OCLM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND EVEN IF OCLM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WILL OCLM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH AS DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE; DELAY OR INABILITY TO USE THE SITE; OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination and Access Restriction

OCLM reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time without notice. To the maximum extent permitted by law, these Terms of Use are governed by the laws of the District of Columbia without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OCLM as a result of these Terms of Use or use of the Site. OCLM’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of OCLM’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OCLM with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Unless otherwise specified herein, these Terms of Use constitute the entire understanding between the user and OCLM with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and OCLM with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to Terms of Use

OCLM reserves the right, in its sole discretion, to change the Terms of Use. The most current version of the Terms of Use will supersede all previous versions. OCLM encourages you to periodically review the Terms of Use to stay informed of any updates.

Acknowledgment

You have independently sought the use of the Site, and OCLM has not otherwise solicited use of the Site. You are not receiving anything of value as inducement to use the Site. OCLM makes the Site available to the general public regardless of insurance, financial, or any other user status.

Contact Us

OCLM welcomes your questions or comments regarding the Terms of Use at admin@ozarkclm.org.