Terms of Use - Dr. James Geiselman
Food Sensitivity Testing, Food Testing, TriWell, Food Sensitivities, Dr. James, DrJamesDC, Ketogenic, Ketogenic Diet, Food Sensitivity, Weight Loss, AdvoCare
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Terms of Use

Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! www.DrJamesDC.com (“Geiselman Spine and Wellness, LLC”) may revise and update these Terms and conditions at any time without notice to you. Your continued usage of the website will mean you accept those changes. YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

 

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

 

The Site Does Not Provide Medical Advice

The contents of the Geiselman Spine and Wellness, LLC site, such as text, graphics, images, information obtained from Geiselman Spine and Wellness, LLC’s licensors, and other material contained on the Geiselman Spine and Wellness, LLC Site (“Content”) are for informational purposes only. The Content 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. Never disregard professional medical advice or delay in seeking it because of something you have read on the Geiselman Spine and Wellness, LLC Site!

 

If you think you may have a medical emergency, call your doctor or 911 immediately. Geiselman Spine and Wellness, LLC does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Geiselman Spine and Wellness, LLC, employees, others appearing on the Site at the invitation of Geiselman Spine and Wellness, LLC, or other visitors to the Site is solely at your own risk.

 

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children or minors under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

 

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Use of Content

Geiselman Spine and Wellness, LLC authorizes you to view the material on the Geiselman Spine and Wellness, LLC Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2016, Geiselman Spine and Wellness, LLC, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Geiselman Spine and Wellness, LLC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Geiselman Spine and Wellness, LLC. All rights not expressly granted herein are reserved to Geiselman Spine and Wellness, LLC.

 

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

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Privacy Policy. Geiselman Spine and Wellness, LLC respects your privacy and permits you to control the treatment of your personal information. A complete statement of Geiselman Spine and Wellness, LLC’s current Privacy Policy can be found by clicking here. Geiselman Spine and Wellness, LLC’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form.

 

 

Liability of Geiselman Spine and Wellness, LLC and Its Licensors

The use of the Geiselman Spine and Wellness, LLC Site and the Content is at your own risk.

When using the Geiselman Spine and Wellness, LLC Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Geiselman Spine and Wellness, LLC and its suppliers. Accordingly, Geiselman Spine and Wellness, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Geiselman Spine and Wellness, LLC Site.

 

The Geiselman Spine and Wellness, LLC Site and the content are provided on an “as is” basis. Geiselman Spine and Wellness, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Geiselman Spine and Wellness, LLC, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Geiselman Spine and Wellness, LLC Site or Geiselman Spine and Wellness, LLC.
  • The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Geiselman Spine and Wellness, LLC Site.

 

In no event shall Geiselman Spine and Wellness, LLC, its licensors, its suppliers, or any third parties mentioned on the Geiselman Spine and Wellness, LLC Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Geiselman Spine and Wellness, LLC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Geiselman Spine and Wellness, LLC, its licensors, its suppliers, or any third parties mentioned on the Geiselman Spine and Wellness, LLC Site are advised of the possibility of such damages. Geiselman Spine and Wellness, LLC, its licensors, its suppliers, or any third parties mentioned on the Geiselman Spine and Wellness, LLC Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. Geiselman Spine and Wellness, LLC, its licensors, its suppliers, or any third parties mentioned on the Geiselman Spine and Wellness, LLC Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

 

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Services

While services on this website including, but not limited to, nutritional assessments, nutritional recommendations, personalized fitness programs etc, are created with the best of intentions, you understand that these services are meant to be used for educational purposes only. When purchasing services (nutritional assessments, nutritional recommendations and/or personalized fitness programs) from www.DrJamesDC.com, you understand that you are purchasing and paying for the time of either Dr. James and/or an employee of this website.

 

Nutritional assessments, nutritional recommendations and personalized fitness programs are based on general wellness and fitness knowledge and are not intended to diagnose or treat any illness, disease, condition or disorder.  If you desire treatment of an illness, disease, condition or disorder, it is advised that you seek professional medical advice from a provider in your state. Dr.James and the employees of www.DrJamesDC.com, are not licensed registered dietitians and are only licensed in their respected fields, in their respected states. As such, by paying for and agreeing to these services, you understand and agree to this.

 

User Submissions

The personal information you submit to Geiselman Spine and Wellness, LLC is governed by the  Geiselman Spine and Wellness, LLC Privacy Policy. To the extent there is an inconsistency between this Agreement and the  Geiselman Spine and Wellness, LLC Privacy Policy, this Agreement shall govern.

 

The Site contains functionality (including blogs, etc.) that allows users to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

 

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Geiselman Spine and Wellness, LLC by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- Geiselman Spine and Wellness, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Geiselman Spine and Wellness, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Geiselman Spine and Wellness, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.

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User Submissions — Image, Video, Audio Files

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

 

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

 

By uploading any media on the Geiselman Spine and Wellness, LLC site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

 

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the  Geiselman Spine and Wellness, LLC Privacy Policy.

 

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

 

By uploading any media like a photo or video, (a) you grant to Geiselman Spine and Wellness, LLC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Geiselman Spine and Wellness, LLC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Geiselman Spine and Wellness, LLC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

 

Geiselman Spine and Wellness, LLC reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

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Geiselman Spine and Wellness, LLC Community and Member to Member Areas (“Public Areas”)

If you use a Public Area, such as blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Geiselman Spine and Wellness, LLC and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Geiselman Spine and Wellness, LLC in its sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  • Allowing any other person or entity to use your identification for posting or viewing comments
  • Posting the same note more than once or “spamming”; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Geiselman Spine and Wellness, LLC, exposes Geiselman Spine and Wellness, LLC or any of its customers or suppliers to any liability or detriment of any type.

Geiselman Spine and Wellness, LLC Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  • Record the dialogue in public chat rooms.
  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  • Terminate a user’s access to any or all Public Areas and/or the Geiselman Spine and Wellness, LLC Site upon any breach of these Terms and Conditions.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the Geiselman Spine and Wellness, LLC Site, regardless of whether such communication(s) violate these standards.

 

Geiselman Spine and Wellness, LLC or its licensors have no liability or responsibility to users of the Geiselman Spine and Wellness, LLC Site or any other person or entity for performance or nonperformance of the aforementioned activities.

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Advertisements, Searches, and Links to Other Sites

Geiselman Spine and Wellness, LLC may provide links to third-party web sites. Geiselman Spine and Wellness, LLC also may select certain sites as priority responses to search terms you enter and Geiselman Spine and Wellness, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Geiselman Spine and Wellness, LLC does not recommend and does not endorse the content on any third-party websites. Geiselman Spine and Wellness, LLC is not responsible for the content of linked third-party sites, sites framed within the Geiselman Spine and Wellness, LLC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Geiselman Spine and Wellness, LLC does not endorse any product, service, or treatment advertised on the Geiselman Spine and Wellness, LLC Site.

 

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Indemnity

You agree to defend, indemnify, and hold Geiselman Spine and Wellness, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

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General

Geiselman Spine and Wellness, LLC is based in Illinois, in the United States of America with principal offices in Pittsfield, IL. Geiselman Spine and Wellness, LLC makes no claims that www.DrJamesDC.com, Geiselman Spine and Wellness, LLC Manager, or any Site within the Geiselman Spine and Wellness, LLC Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Geiselman Spine and Wellness, LLC Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

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Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Geiselman Spine and Wellness, LLC, or in any way relating to your use of the Geiselman Spine and Wellness, LLC Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Geiselman Spine and Wellness, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Geiselman Spine and Wellness, LLC ‘s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Geiselman Spine and Wellness, LLC’s agent for copyright issues relating to this web site is as follows:

Dr. James Geiselman

Attn: Office of Privacy

P.O. Box 162

Pittsfield, IL 62363

spineandwellnessllc@gmail.com

SUBJECT: copyright

 

In an effort to protect the rights of copyright owners, Geiselman Spine and Wellness, LLC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

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Complete Agreement

Except as expressly provided in a particular “legal notice” on the Geiselman Spine and Wellness, LLC Site, these Terms and Conditions and the  Geiselman Spine and Wellness, LLC Privacy Policy constitute the entire agreement between you and Geiselman Spine and Wellness, LLC with respect to the use of the Geiselman Spine and Wellness, LLC Site, and Content.

 

Thank you for your cooperation. We hope you find the Geiselman Spine and Wellness, LLC.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form.

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