Terms of use.

OVERVIEW

This website and the various content, features and products and services offered on this website (collectively, our "Site") are owned and operated by Lamorinda Gynecology & Surgery. Throughout our site, the terms “we”, “us” and “our” refer to Lamorinda Gynecology & Surgery. This website, including all information, tools and services are available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, using our Site or making any downloads through our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by any hyperlink on our Site. These Terms of Use apply to all users of our Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Read these Terms of Use carefully. By accessing or using any part of our Site, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use, then you should not access the website, use the Service or make any purchases through our Site. The Terms of Use are considered an offer and visiting or using our Site is acceptance of the Terms of Use. You understand that by using our Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. 

Any new features or tools which are added to our Site will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

By agreeing to these Terms of Use, you represent that you are the age of majority in your state or province of residence. This site is not intended for use by children under the age of majority.

You may not use our Site or the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms or viruses or any code of a destructive nature.

We reserve the right to refuse the Service to anyone for any reason at any time. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

We reserve the right to modify the contents of our Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Lamorinda Gynecology & Surgery is not responsible if any information made available on this Site is not accurate, complete or current. The material on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Ste is at your own risk.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We are not liable to you or any third party for any modification, suspension or discontinuance of the Service. A violation of any of the Terms will result in an immediate termination of your access to our Site.

SECTION 2 – ABOUT US

Lamorinda Gynecology & Surgery is a direct specialty care practice  dedicated to offering women highly personal and accessible gynecological and surgical care through education, products and services. The views and opinions expressed on our Site are the views and opinions of Lamorinda Gynecology & Surgery and Dr. Cheruba Prabakar and are not the views or opinions of any other person or entity unless expressly indicated otherwise. All questions should be directed to info@lamorindagyn.com. 

SECTION 3 – NO MEDICAL ADVICE

Content on our Site and any products or service offered by Lamorinda Gynecology & Surgery or Dr. Cheruba Prabakar should not be considered medical advice and you should not rely on such content, products or service to make medical decisions or any decisions impacting your health. Such decisions should only be made in consultation with your healthcare providers. Any content on our Site and any products or services offered or purchased through our Site or from Dr. Cheruba Prabakar are for informational and educational purposes only and are not intended to replace the relationship between you and your physician or any other healthcare provider. Further, any content on our Site and any products or services offered through our Site or from Dr. Cheruba Prabakar are not intended to diagnose and/or treat any medical conditions or healthcare issues. Content on our site is designed to commonly inform and educate you about wellness, living with fibroids and optimizing fertility so that you can make more informed decisions. Lamorinda Gynecology & Surgery and Dr. Cheruba Prabakar offer no opinion or advice relating to whether the products or services offered through this Site or from Dr. Cheruba Prabakar are suitable for you or whether you should consult a physician.

SECTION 4 – YOUR RELATIONSHIP WITH US

Through our Site, you will be provided with information and may be offered products or services. Your receipt of information through our Site or the purchase of any products or services DOES NOT establish a patient-physician relationship with Lamorinda Gynecology & Surgery or Dr. Cheruba Prabakar. Please note Dr. Cheruba Prabakar is considered a mandatory reporter under the law. Any communications with our Site or Dr. Cheruba Prabakar that indicate abuse of another or self-harm will be reported to the appropriate authorities. 

If you decide to receive any service or purchase any products from Lamorinda Gynecology & Surgery or Dr. Cheruba Prabakar, you expressly acknowledge that it is your responsibility, and not Lamorinda Gynecology & Surgery or Dr. Cheruba Prabakar, to determine whether the service or product is appropriate for you.

SECTION 5 – COMMUNICATION

As a part of your access to and use of our Site and the Service, we may provide you with certain communications, such as announcements, offers, provider notices, marketing information, Service updates and other communications about our Site or the Service (“Communications”). Communications are considered part of the Service. You agree and consent that Communications that we send you electronically will satisfy any legal communication requirements, including any communication that must be in writing. 

You agree that we may send you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us or (2) by posting Communications on our site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by unsubscribing via email or by ceasing your use of our Site and the Service. 

SECTION 6 - PRIVACY

Lamorinda Gynecology & Surgery complies with applicable privacy laws. Details on our use of your information, if any, are in our Privacy Policy. Your acceptance of these Terms of Use constitutes acceptance of our Privacy Policy. 

SECTION 7 - THIRD-PARTY LINKS & THIRD-PARTY TOOLS

Content on our site and the Service contain third-party links, affiliate links and materials. Third-party links may direct you to third-party websites or third-party tools that are not affiliated with us. If you access these websites and tools, you acknowledge and agree that such websites and tools are provided “as is” and “as available” without any warranties, representations or conditions of any kind or endorsement.

Lamorinda Gynecology & Surgery is not responsible for examining or evaluating the content or accuracy of any third-party website or a third-party tool. We do not warrant such websites or tools and Lamorinda Gynecology & Surgery shall have no liability whatsoever arising from or related to your use of any third-party websites, third-party tools or for any other materials, products, or services of third parties.

Lamorinda Gynecology & Surgery is not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, 'comments'), you agree that Lamorinda Gynecology & Surgery may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Lamorinda Gynecology & Surgery shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 9 – DOWNLOADS FROM THE WEBSITE

You do not have the right to sell any downloads or other information to anyone. 

The availability of any offers or downloads displayed on our Site are subject to change without notice. If Lamorinda Gynecology & Surgery reserves the right to deny an offer or download to any person for any reason at any time in its sole discretion. 

Neither Lamorinda Gynecology & Surgery nor Dr. Cheruba Prabakar promises or guarantees the effectiveness of any downloads from this website. Individual results may vary based on many factors and any results you may achieve may be different than the results of another. Any testimonial or example used by Lamorinda Gynecology & Surgery or Dr. Cheruba Prabakar does not represent or guarantee that you will achieve the same or similar results.

SECTION 10 - PROHIBITED USES

You are prohibited from using our site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

SECTION 11 - DISCLAIMER OF WARRANTIES

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT THE USE OF OUR SITE OR THE SERVICE IS AT YOUR SOLE RISK. BOTH THE SITE AND ANY SERVICES AND PRODUCTS OFFERED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAMORINDA GYNECOLOGY & SURGERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, CONDITION, QUIET ENJOYMENT, VALUE AND ACCURACY OF DATA. 

SECTION 12 - LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LAMORINDA GYNECOLOGY & SURGERY, DR. CHERUBA PRABAKAR, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THIS SITE OR THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE OR THE SERVICE. THE MAXIMUM LIABILITY OF LAMORINDA GYNECOLOGY & SURGERY TO YOU FOR YOUR USE OF THIS SITE OR THE SERVICE SHALL BE $100 (ONE HUNDRED DOLLARS).  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lamorinda Gynecology & Surgery, Dr. Cheruba Prabakar and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach or misuse of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – FORCE MAJEURE

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes, floods, civil disorder, strikes, fire or any other disaster. 

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by ceasing your use of our site. Lamorinda Gynecology & Surgery may suspect or terminate your use of our site and the Service for any reason at any time without notice. 

Subject to applicable law, Lamorinda Gynecology & Surgery reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to our site in accordance with its internal record retention and/or content destruction policies. 

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. 

SECTION 16 – INTELLECTUAL PROPERTY

Certain names, logos and other materials displayed on our Site and the Service may constitute trademarks, trade names, service marks or logos (“Marks”) of Lamorinda Gynecology & Surgery or other entities. You are not authorized to use any such Marks without the express written permission of Lamorinda Gynecology & Surgery and any applicable entity. Ownership of all such Marks and the goodwill associated with the Marks remains with Lamorinda Gynecology & Surgery or the owner of such Marks. 

SECTION 17 – SEVERABILITY & NONWAIVER

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Lamorinda Gynecology & Surgery’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any rights or provisions.

SECTION 18 - ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on our site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.

SECTION 19 - GOVERNING LAW & DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed by the laws of the state of California.

Any dispute arising under or related in any way to these Terms of Use will be resolved exclusively by the final and binding arbitration in Alameda County, California under the rules of the American Arbitration Association, except either party may bring a claim related to intellectual property rights or seek temporary or preliminary specific performance and injunctive relief in any court of competent jurisdiction without the posting of a bond or other security. All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class or collective proceeding. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Alameda County, California for any action related to these Terms.