DISCLAIMERS/LIMITATIONS ON LIABILITY
The website, including, without limitation, all content, software, and functions made available on or accessed through or sent from the website, is provided “As is,” “As available,” and “With all faults”. To the fullest extent permissible by law, Dr. Katina Health and Wellness and her affiliates make no representations, warranties, or endorsements of any kind what’s over, either express or implied, about: (a) the website; (b) the content and software on and provided through the website; (c) the functions made accessible on or accessed through the website; (d) the messages and information sent from the website by users; (e) any products or services offered via the website or hypertext links to third parties; and/or (f) security associated with the transmission of sensitive information through the website or any linked site. Dr. Katina Health and Wellness does not warrant that the website, any of the website’s functions or any content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.
Dr. Katina Health and Wellness. does not warrant that your activities or use of the website is lawful in any particular jurisdiction, and, in any event, Dr. Katina Health and Wellness specifically disclaims such warranties. You understand that by using any of the features of the website, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the website or the content. Further, Dr. Katina Health and Wellness and her affiliates disclaim any express or implied warranties.
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
Dr. Katina Health and Wellness or her affiliates or the directors, officers, employees, or other representatives of each of them shall not be liable for the use of the website, including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
YOU UNDERSTAND AND AGREE THAT Dr. Katina Health and Wellness LIMITS HER LIABILITY IN CONNECTION WITH YOUR USE OF THE website AS SET FORTH BELOW:
Neither Dr. Katina Health and Wellness nor the affiliates are responsible for any damage to any user’s computer, hardware, software, cell phone, modem, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Under no circumstances shall Dr. Katina Health and Wellness and the affiliates or the directors, officers, employees, or other representatives of each of them (collectively, the “Dr. Katina Health and Wellness entities and individuals”), be liable to you for any loss or damages of any kind (including, without limitation, for any direct, special, indirect, incidental, exemplary, consequential, economic or punitive damages), that are directly or indirectly related to: (1) this website and its content, software or your upload information; (2) the use of, inability to use, or performance of the website (3) any action taken in connection with an investigation by Dr. Katina Health and Wellness or law enforcement authorities regarding your use of the website or content; (4) any action taken in connection with copyright owners; or (5) any errors or omissions in the website’s technical operation, even if foreseeable or even if Dr. Katina Health and Wellness or the affiliates have been advised of the possibility of those damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether causes in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the website).
In no event will Dr. Katina Health and Wellness entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Notwithstanding any other provision in these terms, under no circumstances will the Dr. Katina Health and Wellness entities and individuals be liable to you for any reason related or any cause of action whatsoever in an amount greater than fifty dollars ($50).
Your access to and use of this website is at your risk. If you are dissatisfied with the website or any of the content, your sole and exclusive remedy is to discontinue accessing and using the website or the content.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Dr. Katina Health and Wellness’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, television show, motion picture or other audio/visual content owned or controlled by Dr. Katina Health and Wellness and/or her affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Dr. Katina Health and Wellness website, property, product, program, television show, motion picture or other audio/visual content or your upload information or any and all activities or actions related thereto.
By accessing this website, I understand that I may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
NO PERSONAL ADVICE
This website, its content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the “Disclaimer/limitation on liability” paragraph above, the Dr. Katina Health and Wellness entities and individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Dr. Katina Health and Wellness entities and individuals from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your use of the website; (2) your violation of these terms or any law, rule or regulation; (3) your use of the content; or (4) or your upload information. You will cooperate as fully and reasonably as required by Dr. Katina Health and Wellness or the affiliates in the defense of any claim. Dr. Katina Health and Wellness reserves the right to assume the exclusive defense and control of any matter subject to your indemnification, and you will not, in any event, settle any claim without the prior written consent of Dr. Katina Health and Wellness.
THIRD PARTIES/NO ENDORSEMENT
Certain areas of the website may allow you to conduct transactions or purchase goods or services from or through a third party. Also, third-party advertisers may offer goods, services and other materials to you on the website. You should be aware that content provided by third parties might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions, which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any content and will not be liable for any lack of the foregoing.
This website may also provide hyperlinks to third-party websites (“Third party sites”). Third parties and third party sites may have different privacy policies, terms and conditions and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any third party sites.
Your correspondence and business dealings with others found on or through the website, including, without limitation, the payment and delivery of products and services and any terms, conditions, warranties, and representations associated with such dealings, are solely between you and the third party. Further, under certain circumstances, we may permit third-party users to upload content, in which event you may be exposed to offensive, indecent, or objectionable content. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
You agree that Dr. Katina Health and Wellness and the affiliates will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, resources, or content available through any third-party dealings or communications or for any harm related thereto, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising, or business practices of any third party. Reference on the website to any product, process, publication, or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Dr. Katina Health and Wellness or the affiliates. Users are requested to inform Dr. Katina Health and Wellness of any errors or inappropriate material found on third-party sites to which this website is or may be linked.
LINKING TO THE WEBSITE
If you link to this website, you may link only to the home page, and the link must be in plain text unless otherwise pre-approved in writing by Dr. Katina Health and Wellness. The link to this website must not damage, dilute, or tarnish the goodwill associated with any Dr. Katina Health and Wellness names or any other Dr. Katina Health and Wellness intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Dr. Katina Health and Wellness or her affiliates. You may not “Frame” or create a border around this website or alter its intellectual property or content in any way. You may not link to the website from a site that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Dr. Katina Health and Wellness sole discretion). Dr. Katina Health and Wellness reserves the right, in her sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this website or these terms.
All content on this website or any podcast, post, tweet, or instagram post (collectively “the content”) is provided solely for informational, educational, or entertainment purposes and is not to be construed as psychological, medical, legal, or financial advice which may be relied upon by the viewer. In addition, nothing contained in “the content” may be construed as a replacement for professional advice or treatment by a licensed provider within the viewer’s legal jurisdiction.