Agreement between User and drnikiyoung.com
Welcome to drnikiyoung.com. The drnikiyoung.com website (the “Site”) is comprised of various web pages operated by Dr Niki Young Naturopathc, PC (“DNYN”). drnikiyoung.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of drnikiyoung.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
drnikiyoung.com is a Business Site
The purpose of this website is to provide the user with information regarding DNYN, the services they provide, and contact information.
Medical emergency
Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or qualified
healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on
anything you have seen or read on the Website.
General information is not medical advice
The general information provided on the Website is for informational purposes only and is not professional medical
advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your
physician or other qualified health provider properly licensed to practise medicine or general healthcare in your
jurisdiction concerning any questions you may have regarding any information obtained from this Website and any
medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice
or delay in seeking it because of something you have read on this Website. Always consult with your physician or other
qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on
the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
No physician-patient relationship
The presentation of general information on the Website does not establish a physician-patient relationship between
you and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to become patients or
clients of the Owner (or any of its physicians). This section does not apply to the extent that you are using the Website to
communicate with a physician with whom you have an existing physician-patient relationship.
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services,
procedures, or other information that appears or that may be advertised on the Website.
Patient portal services
If you are an existing patient, the Website may allow you to communicate with the Owner and your physician(s) by email
or by some other electronic means. Communications sent by you to the Owner or your physician, or to you by the Owner
or your physician via email or this Website may not be secure and may be accessible by third parties. Any use or disclosure
of personal information provided by you shall be in accordance with our privacy policy.
The Owner may issue to you a username (“Username”) and a password (“Password”) to permit you to access the patient
portal portion of the Website. You are solely responsible for the confidentiality and use of your Username and Password.
Email communication with the public
The Owner does not wish to use this Website as a means of communication with the public
(i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book or cancel
appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email communications regarding such
matters will not be responded to and will be discarded unread. If you are not an existing patient and you wish to contact
the Owner or its physicians regarding medical questions or issues or with regard to appointments, accounts, or other
questions, please do so by telephone, fax, or regular mail in the manner set out in the Website.
Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavors to provide
information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants,
express or implied, regarding the Website and the Content including, without limitation, no representation, warranty,
or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on
or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content
will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the
Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or
computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that
communications to or from the Website will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and
liability.
Limitation of liability
In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors
and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive,
incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to,
lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper
treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or
your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach),
tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have
known of the possibility of such damages.
Privacy
Your use of drnikiyoung.com is subject to DNYN’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting drnikiyoung.com or sending emails to DNYN constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
DNYN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use drnikiyoung.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
drnikiyoung.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DNYN and DNYN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DNYN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DNYN of the site or any association with its operators.
Certain services made available via drnikiyoung.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the drnikiyoung.com domain, you hereby acknowledge and consent that DNYN may share such information and data with any third party with whom DNYN has a contractual relationship to provide the requested product, service or functionality on behalf of drnikiyoung.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use drnikiyoung.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DNYN that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DNYN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DNYN content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DNYN and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DNYN or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by DNYN from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DNYN Content accessed through drnikiyoung.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DNYN, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DNYN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DNYN in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DNYN agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DR NIKI YOUNG NATUROPATHC, PC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DR NIKI YOUNG NATUROPATHC, PC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DR NIKI YOUNG NATUROPATHC, PC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DR NIKI YOUNG NATUROPATHC, PC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DR NIKI YOUNG NATUROPATHC, PC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
DNYN reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DNYN as a result of this agreement or use of the Site. DNYN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DNYN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DNYN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DNYN with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DNYN with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DNYN reserves the right, in its sole discretion, to change the Terms under which drnikiyoung.com is offered. The most current version of the Terms will supersede all previous versions. DNYN encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
DNYN welcomes your questions or comments regarding the Terms:
Dr Niki Young Naturopathc, PC
9801 Fair Oaks Blvd Ste 300
Fair Oaks, California 95628
Email Address:
info@drnikiyoung.com
Telephone number:
1(916) 265-9990
Effective as of August 23, 2020