Website Terms and Conditions
Thank you for visiting Jada Turco, MD’s website located at www.drjadaturcomd.com (the “Site”). The Site is an Internet property of Dr. Jada Turco (“Dr. Turco”). Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the following Jada Turco, MD Website Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the blog posts (“Blog Posts”), links to third-party health and wellness online venues (“Third Party Links”), video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site as made available by Dr. Turco (collectively, the “Content”); (c) accesses links to Dr. Turco’s social media pages/accounts on third party social media websites, such as Facebook® and LinkedIn (collectively, “Social Media Pages”); (d) utilizes the contact form as a means to request being contacted by Dr. Turco (“Contact Services”); and/or (e) utilizes the Site’s many interactive features designed to facilitate interaction between you, Dr. Turco and other Users including, but not limited to, comment sections located below certain Blog Posts and other designated areas of the Site (collectively, the “Interactive Services” and together with the Site, Content, Social Media Pages and Contact Services, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Please be advised that Dr. Turco is not in any way affiliated with Facebook or LinkedIn, and the Site Offerings are not endorsed, administered or sponsored by Facebook or LinkedIn.
The Content, Blog Posts, Third Party Links, Dietary Advice (as defined below) and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any psychiatric, dietary or other medical condition or disease; (b) are not in any way intended as psychiatric, dietary and/or medical advice or as a substitute for psychiatric, dietary and/or medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or treatment for a health problem, whether offered by and through the Site Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with the Site Offerings.
Without limiting the foregoing, Blog Posts and other Content that contains recipes, healthy meal recommendations, dietary advice, advice about nutritional supplements and/or other similar material made available by and through and/or in connection with the Site (collectively, the “Dietary Advice”) may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Dr. Turco with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Dr. Turco may amend the Agreement from time to time in her sole discretion, without specific notice to her Users. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time.
2. Requirements. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings.
Dr. Turco may terminate a User’s access to the Site Offerings including, without limitation, that User’s right to post a comment via the Interactive Services, at any time and for any reason, in her sole discretion. Such reasons may include, without limitation, where Dr. Turco believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
4. Content. The Site contains Content which includes, but is not limited to, regularly updated Blog Posts, a description of Dr. Turco’s practice and other materials regarding Dr. Turco and various health and wellness venues. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
5. Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow Users to participate in comment sections and other interactive areas of the Site. Each User agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each User shall be solely responsible for their comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services (“Feedback”). You understand and agree that Dr. Turco shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Dr. Turco does not monitor the Feedback submitted by Users, and operates the comments sections as a neutral host. The Interactive Services contain Feedback that is provided directly by Users. You agree that Dr. Turco shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Dr. Turco does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. Dr. Turco reserves the right to remove any Feedback from the Site at any time and for any reason, in Dr. Turco’s sole discretion
6. Feedback Standards. In connection with your Feedback, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in advertising to, or commercial solicitation of, Users or other third parties; (g) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (h) express or imply that any statements that you make are endorsed by Dr. Turco; (i) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (m) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (p) “frame” or “mirror” any part of the Site; (q) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of access to some or all of the Site Offerings without notice, in the sole discretion of Dr. Turco. Dr. Turco reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
7. Social Media Pages. The Site contains links to the various Dr. Turco Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Dr. Turco shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
8. User Interactions. Users are solely responsible for their interactions with other Users and individuals. Because Dr. Turco is not involved in Users interactions, in the event that you have a dispute with one or more Users and/or other third-parties, you hereby release Dr. Turco from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
9. Representations and Warranties. Each User hereby represents and warrants to Dr. Turco as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Site Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such User’s performance under the Agreement, such User’s use of the Site Offerings and their Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (e) if applicable, User will be solely responsible for their and Feedback.
10. Indemnification. Each User agrees to indemnify, defend and hold Dr. Turco, her employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) her/his Feedback; (b) any dispute between that User and any other User or third party; (c) User’s breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that User (or that User’s Feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that User’s use of the Site Offerings has violated any applicable law; and/or (f) User’s use of the Site Offerings in any manner whatsoever.
11. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Dr. Turco may terminate this license at any time for any reason. Unless otherwise expressly authorized by Dr. Turco, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Dr. Turco. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Dr. Turco. Each User further agrees to indemnify and hold Dr. Turco harmless for that User’s failure to comply with this Section 11. Dr. Turco reserves any rights not explicitly granted in the Agreement.
12. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
13. Copyright Policy/DMCA Compliance. Dr. Turco reserves the right to terminate any User’s access to the Site Offerings where that User infringes upon third-party copyright rights. If any User or other third party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Dr. Turco with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows:
The Center for Integrative Psychiatry
Attn: Dr. Jada Turco
1201 Broadway, Ste. 1003
New York, NY 10001
14. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Dr. Turco will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
15. Disclaimer of Warranties. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DR. TURCO MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC PSYCHIATRIC BENEFIT, MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DR. TURCO WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM DR. TURCO OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT DR. TURCO SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DR. TURCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) ANY MATTER RELATING TO ANY FEEDBACK; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTACT DATA; (F) THE FAILURE TO REALIZE ANY SPECIFIC PSYCHIATRIC BENEFIT, MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES DR. TURCO FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF DR. TURCO TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR DR. TURCO MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND DR. TURCO. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO ANY USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF DR. TURCO SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third Party Links and Social Media Websites. Dr. Turco does not control the information, products or services made available on or through these third party websites. The inclusion of any link does not imply endorsement by Dr. Turco of the applicable website or any association with the website’s operators. Because Dr. Turco has no control over such websites and resources, each User agrees that Dr. Turco is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Dr. Turco shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site.
18. Editing, Deleting and Modification. Dr. Turco reserves the right in her sole discretion to edit and/or delete any documents, information or content appearing on the Site.
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties agree that the exclusive jurisdiction and venue of any action with respect to the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto shall be in the Supreme Court of New York for the County of New York or the United States District Court for the Southern District of New York, and each of the parties hereby submits to the exclusive jurisdiction and venue of such courts for the purpose of such action.
21. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Dr. Turco’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
22. Contact Us. If any User has any questions about the Agreement, Site Offerings or the practices of Dr. Turco, that User can email her as at: email@example.com; or call her at: (718) 290-3908.