TERMS & CONDITIONS

TERMS & CONDITIONS

Welcome to ZachBushMD.com (“Website”).   Use of the Website is subject to your acceptance of these Terms and Conditions (“Terms”). Zach Bush MD, LLC (“ZBMD”) owns the Website.  ZBMD and its officers, directors, licensors, vendors, website hosts, and employees are referred to as “we” or “us”; “you” or “yours” refers to you as a user of the Website and/or as a subscriber, attendee, member, or user of the Website or any other offerings of ZBMD that are available through the Website.

We may change, modify or alter these Terms at any time, without notice and all changes will be effective when they are posted. These Terms are a binding legal document between you and us so please read them carefully and check back from time to time for updates and/or changes.   Your use of the Website (or any part thereof) signifies your agreement to be bound by these Terms and our Privacy Policy which is located at www.zachbushmd.com/privacy, and which is incorporated by reference into the Terms.  The Terms are a binding legal document between you and us so please read them carefully and check back from time to time for updates and/or changes.   If you object to any such changes, your sole recourse will be to stop using the Website.

This Website is not intended for use by any individuals under the age of eighteen (18). Further, If you use the Websites  and are not a US citizen it’s up to you to understand the laws of your locale and you understand that you use the Website at your own risk, that it is your responsibility (and not ours) to make sure that your use of the Website complies with all applicable local laws. 

OWNERSHIP; RESTRICTIONS ON USE

The Website and any content on it including but not limited to copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights (“IP Rights”) are owned by ZBMD or our licensors and are protected by applicable US and international copyright and other intellectual property laws.  You do not have, nor are entitled to claim, any rights in and tot content and/or any portion thereof except as granted in these Terms.  Our content may not be copied, distributed or transmitted in any way without prior written consent of ZBMD.   Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.

LICENSES AND RESPONSIBILITIES

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free license to access view and otherwise use the Website for your personal, lawful use (including your own personal, customized social networking page(s), blog(s), or microblog(s) (collectively, your “Personal Social Media”) provided that: you comply with all copyright notices, information, restrictions contained in or associated with any of our content; you do not remove any such notices or restrictions; you will not use any of the rights granted to you or any of the content on the Website in a manner that suggests an association with ZBMD; you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of this Website, and that you will comply with all laws and regulations pertaining to the use of the Website.

INFORMATION SUBMITTED

We do not require that you submit personal information in order to access the Website, although access to some offerings, such as receiving newsletters, may require that you set up a user account. If you voluntarily choose to provide your personal information to receive newsletters or other communications from us, our use of your information is covered under our Privacy Policy, located at https://zachbushmd.com/privacy-policy.  We may collect and utilize any personal information, as defined in the Privacy Policy, which you voluntarily provide, and may combine the personal information collected from you with information collected from others to provide a better user experience.  We may use the information you provide to us for any purpose whatsoever without restriction or compensation.

Other than personal information, any information or other submissions, transmissions and/or postings that are communicated to us through the Website will be considered non-confidential / non-proprietary and will become, to the fullest extent permitted by law, our exclusive property.

You are responsible for your own communications and are responsible for any consequences resulting from these communications.

THIRD PARTY LINKS

We may provide links to third party websites or other internet resources (“Third-Party Links”). You understand that any Third-Party Links are provided for information only and we do not endorse, sponsor or otherwise support such Third-Party Links.  We do not make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using or accessing any other websites. If you decide to access Third -Party Links, linked to or from this Website, you do so entirely at your own risk. We EXPRESSLY AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD-PARTY LINKS.

NO MEDICAL ADVICE

The information and content on the Website are based on the opinions of Zach Bush, M.D., or other authorized contributors and content providers, unless otherwise noted. This information is made available with the express understanding that neither we or Zach Bush, M.D. personally are dispensing medical advice. The information on the Website is not intended to be used for self-diagnosis or treatment or to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice or as a substitute for professional medical advice, diagnosis or treatment. It is intended as a sharing of knowledge and information from the research and experience of Dr. Bush and his community. You are encouraged to seek individual medical advice. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. If you are pregnant, nursing, taking medication, or have a medical condition, consult your health care professional before using any products or acting upon any information mentioned or available on the Website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE (AND ANY PORTION OF THE WEBSITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISLCAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We do not make any warranties or representations about the accuracy or completeness of content available on or through the Website or the content of Third-Party Links or Personal Social Media and we assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website (or any parts thereof); (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or (v) for any loss or damage of any kind incurred as a result of the use of any content made available on or through the Website.  We reserve the right, in our sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Website.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL ZBMD BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITES OR ANY PARTS THEREOF.

INDEMNIFICATION

You will indemnify and hold ZBMD, its affiliates, subsidiaries, employees, officers, directors and agents  harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from your use of the Website, your connection to the Website, any violation of the Terms by you, or your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

CHOICE OF LAW

THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION   PRODUCTION OR PROJECT RELATED TO ZBMD OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH PRODUCTION OR PROJECT. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

WAIVER OF JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

SEVERABILITY; WAIVER

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

TERMINATION

We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms and otherwise your access to the Website for any reason. We may also, in our sole discretion and at any time, discontinue the Website or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO OR USE OF THE WEBSITE OR PARTS THEREOF. You may discontinue your access to, use or participation on the Website at any time.

CHANGES IN OWNERSHIP

In the event of a merger, acquisition, or sale or all or part of ZBMD, or any of its affiliates or subsidiaries your continued use of the Website signifies your agreement to be bound by the terms of use and privacy statement of the Website’s subsequent owner or operator.

LINKING TO OR SHARING CONTENT FROM THE WEBSITE

Articles or other content may be copied from the Websites in full, with copyright, contact, creation and information intact, without specific permission, when used only in a not-for-profit format. If you would like to use any content from the Websites you must obtain our written permission.  Please contact us at connect@zachbushmd.com for more information.

Creating or maintaining any link from another website or Third-Party Link without our prior written permission is prohibited. Running or displaying the Websites or any information or material displayed on this Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Websites must comply with all applicable laws, rules, and regulations.

If you download any material or information from the Websites, you do so at your own discretion and risk.   You are solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information. We are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions or service issues. In the event of any problem with the Website or any content, your sole remedy is to cease using this Websites.