Terms & Conditions

Agreement between You and Marshall Lifestyle Medicine, PSC

Welcome to https://www.marshalllifestylemedicine.com (the "Site"). The Site is comprised of various web pages operated by Marshall Lifestyle Medicine, PSC ("MLM"). The Site is offered to you conditioned on your acceptance, without modification, of these terms, conditions, and notices contained herein (these "Terms"). Your use of the Site constitutes your agreement to al of these Terms. Please read these Terms carefully and keep a copy of them for your reference.

PRIVACY

Your use of the Site is subject to MLM's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to MLM constitutes electronic communications. You hereby 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 all legal requirements that such communications be in writing.

CHILDREN UNDER THIRTEEN

MLM does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13) years. If you are under the age of eighteen (18) years, you may use the Site only with permission of a parent or guardian.

LINKS TO THIRD-PARTY SITES & SERVICES

The Site may contain links to other websites ("Linked Sites"). Linked Sites are not under the control of MLM, and MLM is not responsible for the content of Linked Sites, including, without limitation, any link contained in Linked Sites, or any changes or updates to Linked Sites. MLM is providing Linked Sites to you only as a convenience, and the inclusion of Linked Sites does not imply endorsement by MLM of the Linked Sites or any association with their operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that MLM may share such information and data with any third party with whom MLM has a contractual relationship to provide the requested product, service, or functionality on behalf of users and customers.

NO UNLAWFUL OR PROHIBITED USE: INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to MLM 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 Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MLM or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You hereby 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. MLM 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 MLM and the copyright owner. You hereby agree that you do not acquire any ownership rights in any protected content. MLM does not grant you any licenses, express or implied, to the intellectual property of MLM or our licensors except as expressly authorized by these Terms.

INTERNATIONAL USERS

The Site is controlled, operated, and administered by MLM from our offices within the United States of America. If you access the Site from a location outside the United States of America, you are responsible for compliance with all local laws. You hereby agree that you will not use MLM content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless MLM and its officers, directors, employees, agents, and third parties, from and against all losses, costs, liabilities, and expenses, including, without limitation, reasonable attorney's fees, related to, or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any of these Terms, your violation of any rights of any third party, or your violation of any applicable laws, rules, or regulations. MLM 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 MLM in asserting any available defenses.

ARBITRATION

In the event that you and MLM are not able to resolve any dispute or difference arising out of or concerning these Terms, 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 mutual agreement of you and MLM. The final and binding arbitration shall take place in Lexington, Fayette County, Kentucky. The award of the neutral arbitrator shall be final, and judgment may be entered upon it in any court of competent jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. You and MLM hereby agree to arbitrate all disputes and claims related to, or arising out of these Terms, whether directly or indirectly, including, without limitation, all tort claims involving or concerning these Terms. You and MLM hereby agree that the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Provision. The entire dispute, including, without limitation, the scope and enforceability of this Arbitration Provision, shall be determined by the arbitrator. This Arbitration Provision shall survive the termination of these Terms.

CLASS ACTION WAIVER

Any arbitration under these Terms shall take place on an individual basis; class arbitrations and class, representative, or collective actions shall not be permitted. YOU AND MLM 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 MLM 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. MLM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MLM 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 WARRANTIES OR CONDITIONS OF ANY KIND. MLM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING, WITHOUT LIMITATION, 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 MLM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 MLM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND 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

MLM 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, these Terms are governed by the laws of the Commonwealth of Kentucky, and you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Kentucky in all disputes related to, or arising out of 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 hereby agree that no joint venture, partnership, employment, or agency relationship exists between you and MLM as a result of these Terms or use of the Site. MLM's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MLM's right to comply with governmental, court, and law enforcement requests or requirements involving or concerning your use of the Site or information provided to, or gathered by MLM with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, 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 these Terms shall continue in full force and effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and MLM with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MLM with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in all judicial or administrative proceedings related to, or arising out of these Terms, 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 of you and MLM that these Terms and all related documents be written in English.

CHANGES TO TERMS

MLM reserves the right, in its sole discretion, to change these Terms. The most current version of these Terms will supersede all previous versions. MLM encourages you to periodically review these Terms to stay informed of our updates.

CONTACT US

MLM welcomes your questions or comments regarding these Terms:

Marshall Lifestyle Medicine, PSC

2251 War Admiral Way, Suite 125

Lexington, Kentucky 40509

Phone: (859) 215-5589

Email: info@marshalllifestylemedicine.com

EFFECTIVE AS OF FEBRUARY 01, 2024