Lakeview Wellness Clinic PLLC
Terms of Service

 

Effective Date: December 30, 2023

 

Welcome to the https://www.thelakeviewclinic.com website (“Site”), operated by Lakeview Wellness Clinic PLLC (“LWC”).  We provide Ketamine infusion therapy and IV nutrition therapy services at our clinic in the beautiful State of Washington. We also provide online services, including information services and appointment booking services, through our Site (collectively, with the Site, the “Services”).

 

By using the Services, you accept and agree to the terms of services herein (“Agreement”), as well as LWC’s Privacy Statement, which is incorporated by this reference into the Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

 

LWC may modify this Agreement at any time by posting a notice on the Site or by sending you a notice via email. Your use of the Services following such notification constitutes your acceptance of the modified terms. If you do not agree to this Agreement, you must terminate your use of the Services.

 

Health Disclaimer

 

The information provided on or through the Services is for general information purposes only. Such information is not a substitute for professional medical advice, diagnosis, or treatment. LWC does not recommend or endorse any specific tests, products, treatments, procedures, opinions, or other information that may be mentioned on the Services. Always consult your healthcare provider if you have medical concerns. If you have a medical emergency, call 911 or your doctor immediately.

 

Third-party products (e.g., IV infusion therapy products) listed on the Site are provided by our suppliers. LWC makes no warranties and expressly disclaims all warranties, including the merchantability, fitness for a specific purpose, accuracy, or reliability, with respect to any materials or third-party products on the Site.

 

1. Access to Services

 

Subject to the terms and conditions of this Agreement, LWC will provide the Services for you to access and use. LWC may provide other services upon mutual agreement with you that are subject to additional terms. LWC may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or content. LWC may also restrict your access to parts or all of the Services without notice or liability.

 

You represent and warrant to LWC that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also represent and warrant that you are legally permitted to use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” will refer to such entity. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.

 

2. Intellectual Property Rights

 

As between LWC and you, LWC (or its licensors) is the sole and exclusive owner, and will retain all right, title and interest in and to the Services. Subject to the terms and conditions of this Agreement, LWC grants you a nonexclusive, nontransferable right and license (without right to sublicense) to access and use the Services, solely for your personal, non-commercial purposes. 

 

Except as provided in this Section, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Services in whole or in part. Additionally, you will not attempt to circumvent any of LWC’s technical measures, or decompile, reverse engineer, or disassemble the Services. You will not copy or store any portion of the Services other than for your personal, noncommercial use without prior written permission from LWC, or from the applicable licensor. All trademarks, service marks, and trade names that appear on the Services are proprietary to LWC or third parties. You will abide by all copyright or intellectual property notices and restrictions contained in the Services.

 

3. Copyright

 

If you think anyone has posted material to the Services that violates any copyrights or other intellectual property right, then you can notify LWC via email at info@thelakeviewclinic.com. Upon receipt of such complaint, LWC may take whatever action, in its sole discretion, it deems appropriate, in accordance with applicable law (including the Safe Harbor provisions of the DMCA).

 

With respect to copyright violations, please see 17 U.S.C. §512(c)(3) for notification requirements under the DMCA. LWC may notify users of a claim of copyright infringement by means of a general notice on the Services, an electronic mail, or by written communication.

 

4. Your Data

 

As applicable, for any data (e.g., text, sound, video, or image files) you provide to LWC, including data regarding you or your end users, in connection with your use of the Services (“Data”), you grant LWC a non-exclusive, worldwide, royalty-free, transferable license to use, modify, reproduce, and display such Data (including all related intellectual property rights) to provide and improve the Services. You represent and warrant that you: (i) own all right, title, and interest or possess sufficient license rights, in and to the Data as may be necessary to permit the use contemplated under this Agreement; and (ii) you will not contribute any Data that: (a) infringes any intellectual property right, proprietary right, or the privacy or publicity rights of another; (b) is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law; (c) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information; or (d) causes damage to the systems of LWC or its users in any way. If you disclose Data which includes personally identifiable information or information that could be used to identify an individual (“Personal Data”), (i) you represent and warrant that you comply with all applicable laws relating to the collection, use, and disclosure of Personal Data; and (ii) you are responsible for assessing whether or not LWC’s Services are appropriate for your use with respect to your obligations under any applicable laws or regulations (e.g., HIPAA, data privacy laws, etc.).

 

You bear all responsibility and liability for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right of the Data and LWC’s access, possession and use as permitted herein.

 

LWC reserves the right to remove any Data from the Services at any time, for any reason or for no reason at all, though LWC will make commercially reasonable efforts to alert you of such actions as soon as practicable. LWC may, but is not obligated to, monitor Data and remove any Data or content or prohibit any use of the Services, if LWC believes in its sole discretion such content or use may be (or is alleged to be) in violation of this Agreement or any applicable laws or may impact delivery. LWC does not assume liability for any Data.

 

5. User Submissions; Feedback

 

Where LWC has specifically invited or requested submissions or comments through the Site, LWC encourages you to submit such content for consideration (“User Submissions”). User Submissions remain the property of the submitting party. By posting content on the Site, you grant LWC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt publish, translate, create derivative works from, distribute, perform, and display such content and your name, voice, and/or likeness as contained in your User Submission, in any form throughout the world in any media or technology, and including the right to sublicense such rights. Any such User Submissions are deemed non-confidential.

 

For any feedback relating to the Services (“Feedback”) that you provide to LWC, you give LWC, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize the Feedback in any way and for any purpose. LWC will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in future Services or operations.

 

6. Restrictions

 

You are responsible for all of your activity in connection with the Services. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any LWC user. LWC will not be liable for any failures in the Services or other problems which are related to your Data or any equipment or service outside of LWC’s facilities or control. You will not use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will use the Services only in compliance with all applicable laws (including policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation). 

 

7. Warranty Disclaimer

 

LWC makes no representations concerning any content contained in or accessed through the Services, and LWC will not be responsible or liable for the accuracy, compliance, or legality of any material or content contained in or accessed through the Services. LWC does not guarantee that the Services will be accessible at all times, without interruption, or at any given time.

 

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT ALLOWED BY LAW, LWC DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY, OR OPERABILITY OF ANY MATERIAL, INFORMATION, OR PRODUCT PROVIDED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT LWC IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM: (i) USE OF THE SERVICES; (ii) DOWNLOADING INFORMATION FROM THE SERVICES; (iii) UNAUTHORIZED DISCLOSURE OF ANY CONTENT, MATERIAL, OR DATA THROUGH THE SERVICES; AND (iv) THE INABILITY TO ACCESS OR RETRIEVE ANY DATA FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.

 

8. Third Party Sites, Products, and Services

 

Users may gain access to third-party sites on the Internet from the Services. Third-party sites, products, or services are not within the supervision or control of LWC. LWC makes no representations or warranties about any third-party site, product, or resource, and does not endorse the products or services offered by third parties. LWC disclaims all responsibility and liability for content on third-party websites. Third-party providers of ancillary services or products may require your agreement to additional or different terms prior to your use or access of their sites or services. Any such agreement will in no way modify this Agreement. 

 

9. Indemnity

 

You will indemnify and hold LWC, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of this Agreement, (iii) your infringement of any third party’s intellectual property or proprietary right, including any claims relating to your disclosure of Personal Data to LWC, and (iv) the Data or any other materials you provide to LWC.

 

10. Limitation of Liability

 

EXCEPT FOR DAMAGES AND LIABILITIES ARISING FROM: (i) ITS VIOLATION OF APPLICABLE LAWS, (ii) ITS INDEMNIFICATION OBLIGATIONS, OR (iii) GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, OR OTHER INTANGIBLES, OR IN THE CASE OF LWC, DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, LWC’s LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO $100 US DOLLARS.

 

11. Termination

 

This Agreement begins on the date you first use the Services and continues for as long as you access or use the Services. LWC may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon any such termination, your right to use the Services and access Data or materials through the Services, will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

 

12. Jurisdiction

 

This Agreement will be governed by and construed in accordance with the laws of the State of Washington, U.S.A., excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled by the state and federal courts located in the State of Washington, U.S.A. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this Section.

 

13. Privacy

 

Please review our Privacy Statement, which governs our collection and use of personal information.

 

14. Miscellaneous

 

This Agreement (including the Privacy Statement) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you without LWC’s written consent. 

 

You may send inquiries regarding this Agreement to info@thelakeviewclinic.com.

 

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