Terms and Conditions
Divina Lopez, LLC
The Dr. Divina Lopez, LLC website, drdivinalopez.com, and any mobile application or platform connected or associated with this website, and any information stored within as well as any products and services offered through any of the above (collectively, "website"), are owned and operated by Dr. Divina Lopez, LLC, a New Jersey limited liability corporation (the "Company," "we," "us," or "our"). Our website provides educational information and educational services and products to a user of the website ("you" or "Customer"). Your access to our website is subject to you agreeing and accepting all the terms and conditions below. Please read this Terms and Conditions Agreement ("Agreement") carefully before accessing or using our website. By accessing or using our website, you agree to be bound by the terms and conditions below, which are intended to be fully effective and binding upon us, you, and all users. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically for such modifications. By accessing or using our website, you accept the current and effective Agreement, as the time you access or use our website. If you do not agree to be bound by the terms and conditions, do not use our website or any service provided by us.
Acceptance
This Agreement between you and us state the terms and conditions under which you may access and use our website and all written and other information and materials displayed, linked to, or otherwise made available through our website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via our website (collectively, the "website content"). Your access to and continued use of our website constitutes your agreement to be bound by this Agreement. If you do not accept these terms and conditions, you cannot access our Website.
When you visit our website and/or send phone messages, and/or emails to us, you are communicating with us electronically. As such, you consent to receive communications from us electronically. We will communicate with you by telephone, email, or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (including by posting on our website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
In addition, to use the website content, you agree to comply with this Agreement and our Privacy Policy. We may, in our sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.
Customer Privacy
We understand the importance of maintaining the privacy of your personal information. Please review our Privacy Policy carefully. This describes how your personal information may be used and disclosed.
Customer Account
You are not obligated to register with us to access and use our website. However, certain services of our website are available only to registered users or other persons affiliated with us, who have been granted accounts ("Customer Accounts") with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Customer Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). You may delete your Customer Account at any time, for any reason, by following the instructions on our website. We may suspend or terminate your Customer Account in accordance with this Agreement. You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Customer Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.
Your Use of Website and Website Content
You agree that your access and use of our website and website content will not contravene our policies, guidelines, rules, this Agreement, will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, contain any computer virus or other malware that could in any way affect the operation of our website, or attempt to gain unauthorized access to any user or Customer Accounts, computer systems, or networks. You may not use a false email address, pretend to be someone other than yourself, engage in unauthorized use of a credit card, or otherwise mislead us or third-parties. You also agree that your access and use of our website and website content will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You are solely responsible for your access and use of our website and website content. We are not responsible and assume no liability for your access and use of our website and website content.
Disclaimer
Nature of Content: The website content is educational and informational in nature and is provided only as general information and is not a medical or psychological advice, opinion, diagnosis, treatment, or guarantee. Our website is not intended to create and does not constitute any professional relationship between us and you and does not create any doctor-patient or any other professional or medical relationship between you and us. Our website is not intended to solicit patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature. Even if those providing information via our website display professional licensure or other credentials, they are limited to providing information and education, and are not providing any clinical service via our website. The information provided through our website should not be used for diagnosing or treating a health problem or disease.
Company Is Not a Medical Provider and Does Not Provide Medical Advice: Any and all content stated or posted on our website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine or psychology or the provision of medical or psychological/mental health care or any other professional healthcare. The information provided on our website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may require medical assistance, you should consult your medical doctor or psychologist or appropriate healthcare provider. Never disregard or delay medical advice received from your licensed healthcare provider based on information on our website. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or supplement, routine, or procedure.
Testimonials and Endorsements: We post testimonials for informational purposes only. Any information that could be regarded as a testimonial or endorsement on our website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
No Guarantee or Warranty: We do not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our website, any merchandise, information, website content, or service provided through our website. Except as otherwise expressly specified, we do not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any website content, services, merchandise, or information provided through our website or on the internet, generally.
Limitation of Liability
In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through our website or your use and access to our website and website contents or through links to third-parties.
Your sole and exclusive remedy for dissatisfaction of our website is to stop using our website.
Assumption of Risks; Indemnification
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to our website and website content, or relating to any activity, information, or service, provided by us or any of our agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the use of our website or website content.
By viewing our website you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, us from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to your use of our website and the website contents and/or your breach of any representation, warranty, or other provision of this Agreement.
Intellectual Property
Copyright: Except as otherwise expressly stated, all website content is our copyrighted work or our third-party content supplier’s and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all website content is also our exclusive property and is protected by U.S. and international copyright laws.
You may download information from our website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or website content, in whole or in part, including any text, images, audio, and video in any manner, without our prior written authorization or any applicable third-party supplier. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Any unauthorized use terminates the permission or license granted to you by us to use our website.
We do not warrant or represent that your use of website content or any other materials displayed on our website will not infringe rights of third-parties. Your use of any of the website content beyond the scope of personal use may require a license from the owner of the rights to the data. We are not responsible for any claims of ownership rights to any images or data against you.
Trademarks and Service Marks: You agree that you will not use any such trademarks, service marks, trade dress, or other logos from our website without our prior written authorization.
Third-Party Content
No Statement as to Accuracy: We have no editorial control or responsibility over the content included in our website provided by third-parties. Therefore, any opinions, statements, products, services, or other information expressed or made available by third-parties or Customers on our website are those of such third-parties or Customers, respectively. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any other Customer or third-party.
Links to Third-Party Websites: Our website may contain hyperlinks to other sites owned and operated by third-parties. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these websites unless we specifically so state. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third-party websites or for any action you may take, or damages caused or alleged, because of linking to any such website. Your reliance on such information is solely at your own risk. We are not responsible for the privacy practices of any other websites. We reserve the right to terminate a link with any website that we deem is inappropriate or inconsistent with our website or this Agreement.
Termination
Right to Termination: We reserve the right to take appropriate lawful action in response to actual or suspected violations of your use of our website and website content or this Agreement, including, without limitation, the suspension or termination of your access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. We will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Customer Account or deletion of any content you uploaded to our website.
We may cooperate with legal authorities and/or third-parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right to disclose information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Further, we reserve the right to, without notice, for any or no reason, refuse service or access to our website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that we will not be liable to you or to any third-party for any modification, suspension, or discontinuation of our website or any part or service thereof.
Right to Monitor: We have the right, but not the obligation, to monitor general use of our website or exercise editorial control over the content of any third-party's website, e-mail transmission, or other material created or accessible over or through our website.
Miscellaneous Terms
Entire Agreement: This Agreement constitutes the sole Agreement between you and us relating to your use of our website content, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or us.
Severability: We both agree that if we cannot enforce a part of this Agreement as written due to a conflict with state or federal law, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions.
No Assignment: You may not assign, transfer or delegate your rights or obligations within this Agreement in whole or in part without our prior written consent. We may freely transfer, assign, or delegate all or any part of this Agreement, and any rights and duties within. This Agreement shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.
No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Agreement, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by us of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Jurisdiction: This Agreement is governed by and construed in accordance with the laws of the State of New Jersey without regard to any conflicts of law provisions.
Arbitration: Subject to the provisions of this Agreement, all disputes, controversies, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration that will be conducted in Bergen County, New Jersey as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the AAA. In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send us notice at info@drdivinalopez.com. Any dispute must be initiated with an AAA arbitrator in Bergen County, New Jersey within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law. As in the rest of this Agreement, if one part of this arbitration clause is found invalid, the invalid provision shall be severed from the rest of this arbitration clause and the rest of this clause shall be valid.Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
Contact Us: If you have any questions or concerns about this Agreement, please contact us at info@drdivinalopez.com. We will attempt to respond to your questions or concerns promptly.