Terms and Privacy

Description of Service
Unless explicitly stated otherwise, content posted on DrVanHerle.com “the Service” may be modified or terminated at any time by DrVanHerle.com for any reason, and without notice, without liability to you, any other user of the Service or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Service.  Do not use the Site if you do not agree with any of the terms contained herein.

Changes to Terms of Service
The Terms of Service of this service are subject to update by DrVanHerle.com at any time with or without notice.

Disclaimers
Comments are based on professional advice, published experience and expert opinion, but do not represent therapeutic recommendation or prescription. For clinical and/or specific information and advice, consult your personal physician.

Any reference to a commercial or noncommercial product, process, service or company is not an endorsement or recommendation by DrVanHerle.com.

DrVanHerle.com does not endorse or recommend products, services or manufacturers. DrVanHerle.com assumes no liability whatsoever for the use or contents of any product or service mentioned.

DrVanHerle.com is not responsible for the contents of any “off-site” Internet information referenced by or linked to DrVanHerle.com Internet site.

Images
Use of all photo images, graphics and files on our website is strictly limited to DrVanHerle.com’s use only. Unless otherwise stated, downloading, printing, reprinting all photo images and/or graphics and/or files contained in this website is not permitted.

No Clinical Advice
While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither DrVanHerle.com, Dr. Van Herle and/or the other experts on the Site, nor the Site itself, nor members of the Site are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.

Changes to Terms of Service
The Terms of Service of this service are subject to update by the Foundation DrVanHerle.com at any time with or without notice.

DrVanHerle.com Privacy Policy
October 2010

The DrVanHerle.com Privacy Policy describes our privacy practices that are specific to DrVanHerle.com. By using or accessing DrVanHerle.com, you are accepting the practices described in this Privacy Policy.

Use of Materials
The content within DrVanHerle.com (“the Service”) is protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by DrVanHerle.com as well as content owned or controlled by third parties and licensed to DrVanHerle.com (collectively, the "Materials").

DrVanHerle.com authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of DrVanHerle.com. Special rules may apply to the use of certain software and other items provided via the Services, and are noted where appropriate.

Proprietary Rights
DrVanHerle.com Rights

DrVanHerle.com and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized DrVanHerle.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DrVanHerle.com’s proprietary information. "DrVanHerle.com’s" logo and “Top 7” lists are trademarks of DrVanHerle.com.  

Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DrVanHerle.com has no control over such sites and resources, you acknowledge and agree that DrVanHerle.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that DrVanHerle.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.  

User Privacy
As a condition of using the Service, you agree to the terms of the DrVanHerle.comPrivacy Policy, as it may be changed from time to time.

Disclaimer of Warranties
DrVanHerle.com and its affiliates, licensors, partners, suppliers, consultants and agents ("DrVanHerle.com Entities") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. DrVanHerle.com Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service. 

THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DRVANHERLE.COM ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity
You agree to hold harmless and indemnify DrVanHerle.com Entities and Dr. Van Herle from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, DrVanHerle.com will provide you with written notice of such claim, suit or action.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL DRVAHNERLE.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT DRVANHERLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL DRVANHERLE.COM BE LIABLE TO YOU FOR ANY AMOUNT OF MONETARY VALUE.

Term and Termination
These Terms of Service will apply to your use of the Service. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.

Notices
DrVanHerle.com may provide you with notices regarding the Service or these Terms of Service by email or postings to this Web site.

Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Los Angeles, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall DrVanHerle.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you DrVanHerle.com with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.