TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS
OF USE

https://drmichaelmcgee.com/ (the “Site”) is maintained as a service to our customers of WellMind, a California professional corporation (“WellMind,” “us”, “we” or “our”). By using this Site, you agree to comply with and be bound by these terms and conditions of use, as well as our Site Privacy Policy available here: https://drmichaelmcgee.com/terms-and-conditions-of-use/ and https://drmichaelmcgee.com/privacy-policy/ (collectively, “Terms”). Please review these Terms carefully. If you do not agree to these Terms, you should not use this Site. Our Terms may be modified at any time by posting modified Terms. Modifications are effective immediately. You can view the most recent version of these Terms at any time at https://drmichaelmcgee.com/. Each use shall constitute and be deemed your unconditional acceptance of these Terms.

  1. NO MEDICAL ADVICE. This Site and its content (including any information provided by users) is for informational and/or entertainment purposes only and is not intended to replace or substitute for any professional medical advice, diagnosis or treatment. Using, accessing and/or browsing the Site and/or providing personal or medical information to Dr. McGee does NOT create a physician-patient relationship between you and Dr. McGee. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
  2. Ownership. All content included on this site is and shall continue to be the property of WellMind or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
  3. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
  4. Trademarks. Certain names, logos, and other materials on the Site (including WellMind, The WellMind Method, and The Joy of Recovery) are either trademarks or registered trademarks of WellMind. Other product and company names mentioned on this Site may be trademarks of their respective owners.
  5. Restrictions on Site Use.

    1. WellMind grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of WellMind and WellMind may terminate your use of this Site at any time.
    2. Please do not send or direct personal medical questions to Dr. McGee through the Site. Any such information should be directed to your personal physician or health care provider. With respect to other communications to WellMind or its affiliates, WellMind does not guarantee that it will respond to all inquiries
  6. User Responsibilities. You are responsible for: (a) deciding whether to follow the advice offered by WellMind or Dr. McGee; (b) providing WellMind and Dr. McGee with accurate information; and (c) notifying your primary physician or health care provider of your participation in any program on this Site.
  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
  8. Indemnification. You agree to indemnify, defend and hold WellMind and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms or use of the Site.
  9. DISCLAIMER; LIMITATION OF LIABILITY.

    1. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WELLMIND DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
    2. WellMind is not responsible or liable for any injury that may result from improper use of the information available on this Site. WellMind assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. BY USING THIS SITE, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE PROGRAMS DESCRIBED HEREIN AND THAT YOU WILL NOT HOLD WELLMIND LIABLE OR RESPONSIBLE FOR ANY INJURY THAT MAY OCCUR.
    3. UNDER NO CIRCUMSTANCES WILL WELLMIND BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
    4. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
    5. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. WellMind therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
  10. Limitation on Action. Any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred, regardless of any statute of limitations or other law to the contrary.
  11. Use of Information. WellMind reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Site Privacy Policy.
  12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at the following e-mail: info@wellmind.com.

  1. Personal Computer Systems. We do not warrant that the Site, its content or any other material accessible from this website including our online services is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks. We are not liable for any loss or damage to your system which occurs in connection with our website or online services.
  2. Third Party Sites. The Site may include or provide links to third party websites. WELLMIND DOES NOT INVESTIGATE THE CONTENT OF SUCH SITES, AND DOES NOT ENDORSE, WARRANT, GUARANTEE, OR RECOMMEND THE ACCURACY OF SUCH INFORMATION, AND IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITE OR THEIR RESPECTIVE OPERATORS.
  3. Applicable Law. You agree that the laws of the State of California, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and WellMind or its affiliates. You acknowledge and agree that the exclusive jurisdiction and venue for any claims will be the appropriate state or federal court with jurisdiction over San Luis Obispo County, California, and expressly consent to the exercise of jurisdiction by such courts.
  4. Severability. If any provision of these Terms are held by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

  5. Termination. WellMind may terminate this Agreement at any time, with or without notice, for any reason.
  6. How to Contact Us: WellMind_PO Box 545, Avila Beach, CA 93424. Any notice sent to WellMind shall be given in writing and sent by certified and registered mail to the address listed above.
  7. Acknowledgement. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. BY USING THIS SITE OR ANY SERVICES OFFERED ON THIS SITE, YOU ACKNOWLEDGE AND CONFIRM THAT: (I) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE AGREEMENT, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS; (II) THAT THESE TERMS HAVE THE SAME FORCE AND EFFECT AS A SIGNED, WRITTEN AGREEMENT; AND (III) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THESE TERMS

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