PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The following Disclaimer/Terms of Use apply when one views or otherwise uses the web site located at www.derekottmd.com (later referred to as “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 the Site. These Terms and Conditions may be updated at any time. Your continued usage of the Site will mean you accept those changes.
NO DOCTOR-PATIENT RELATIONSHIP
Use of this site does not create a doctor-patient relationship between the user and the Derek Ott, M.D, in an individual capacity. The content of the Site, such as text, graphics, images, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional psychiatric and/or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or mental 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 Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by the Site is solely at your own risk.
Please note that the Site may contain health- or medical-related materials that may be considered by some to be sexually explicit. If you find these materials offensive, you may not want to use this Site.
USE OF CONTENT
Items on the Site are copyrighted unless noted. You are authorized to view or download a single copy of the material on the Site solely for your personal, noncommercial use.
COPYRIGHT
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Derek Ott, M.D., APC 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 the Site or Derek Ott, M.D., APC. All rights not expressly granted herein are reserved to Derek Ott, M.D., APC and its licensors.
LIABILITY
The use of the Site and the Content is at your own risk. The Site and Content are provided on an "as is" basis. The Site, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise. Without limiting the foregoing, the Site, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, text, or graphics provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products mentioned on the Site.
In no event shall Derek A. Ott, M.D. APC, any associated subsidiaries, affiliates, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, or personal injury/wrongful death) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Site its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. The Site, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, or its Content.
INDEMNITY
You agree to defend, indemnify, and hold the Site, 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.
PROHIBITED ACTIONS
You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site will result in criminal and/or civil prosecution under Federal, State and local law. This site may not be used for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on any patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
HYPERTEXT LINKS
Where we provide hypertext links from or to third party sites we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
EMAIL COMMUNICATIONS
Information transmitted electronically via the worldwide web cannot be guaranteed to be secure. E-mail communications are subject to interception by third parties who may be under no obligation to keep such communication confidential. Thus, do not transmit sensitive or confidential information via an e-mail message, unless it is adequately encrypted.
Email May Not Be Used to Provide Notice
Communications made through the Site's email does not constitute legal notice to Derek Ott, M.D., APC, or any of its directors, officers, employees, agents, representatives, subsidiaries or affiliates, such as where notice to the Derek Ott, M.D., APC is required by contract, or any federal, state or local laws, rules or regulations.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEREK OTT, M.D., APC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. DEREK OTT, M.D., APC DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. DEREK OTT, M.D., APC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. DEREK OTT, M.D., APC HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
GENERAL
Derek A. Ott, M.D., APC is based in Los Angeles, California. The Site makes no claims that the Site 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 Site 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, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with the Site, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving the Site or its affiliates, subsidiaries, employees, contractors, officers, directors, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, 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.
COMPLETE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and the Site with respect to the use of the Site and the Content
Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding this website should be submitted via email using the link on the website.