WEBSITE TERMS & CONDITIONS
Last Updated and Effective as of March 1, 2021
Please read these Terms & Conditions carefully before you start to use www.drmirandanaylor.com (the “Website). This Website is owned and operated by Dr. Miranda Naylor, DO, Inc. (“we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Website.
By visiting, using, viewing, or accessing the Website, and/or any content contained on, accessible through or downloadable through this Website, whether available for free or by purchase, accessing Dr. Miranda Naylor’s social media, or otherwise signing up to receive any of Dr. Miranda Naylor’s e-mails, newsletter, social media posts or content or by purchasing any products from the Website if that option is offered, you are voluntarily agreeing to these Terms & Conditions and accept and agree to be bound and abide by them, and you are legally agreeing that you have read, understand, and fully consent to the terms below.
Changes to Terms & Conditions
We reserve our right to change, modify or update these Terms & Conditions at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms & Conditions located at the top of this Terms & Conditions page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Website and its contents, products and services thereafter. By continuing to use the Website after we post any such changes, you accept and agree to be bound by the Terms & Conditions as modified, so please check these Terms & Conditions from time to time to be aware of any modifications.
Information on Website for Educational And Informational Purposes Only and Not Medical, Health or Professional Advice
This Website has been created to provide information about Dr. Miranda Naylor’s functional and osteopathic medicine services; however, all information found on this Website is for educational and informational purposes only and is NOT intended as, and must not be understood or construed as, medical care or advice for any person, including patients of Dr. Miranda Naylor. Nothing on this Website is intended to substitute for professional medical advice, diagnosis, or treatment. The information on the Website is for general information and education only and is not intended as, and must not be understood as, the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis, treatment, cure or prevention of any disease.
For purposes of clarification, functional and osteopathic medical services are offered by Dr. Miranda Naylor to individuals located in California after they register as patients of Dr. Miranda Naylor. While the Website may advertise the medical services of Dr. Miranda Naylor, no medical services are provided via this Website or its contents, and visiting this Website does not create a doctor-patient relationship between you and Dr. Miranda Naylor.
You should not rely on the information provided in this Website as a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider familiar with your individual situation. Always seek the advice of your qualified health care provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen. If you are located in California, you can reach out to us or schedule a complimentary discovery call to learn more about becoming a patient of Dr. Miranda Naylor. However, your use of the Website alone DOES NOT create a doctor-patient relationship between you and Dr. Miranda Naylor.
You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Dr. Miranda Naylor, DO, Inc. disclaims any liability for your reliance on any blogs, opinions or information contained in this Website. Neither Dr. Miranda Naylor, DO, Inc. nor any of our officers, directors, employees, contractors, affiliates, or suppliers shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements on or in this Website and its contents regarding dietary supplements have not been evaluated by the Food and Drug Administration. Products sold on or through this Website are not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other licensed medical or health care professional before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for any health problem, undertaking any diet, exercise or other health program, or making any medical or lifestyle changes.
Intellectual Property Rights
This Website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. When you access the Website or access or purchase any of its contents, products or services, Dr. Miranda Naylor, DO, Inc. is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from Dr. Miranda Naylor that you may do so.
This means that when you access the Website or any contents on or available through the Website, you agree that you will only use them for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Website for any commercial purposes or any other purpose without express written permission from Dr. Miranda Naylor. Any reproduction or unauthorized use of any materials found on this Website shall constitute infringement and theft and could result in criminal or civil penalties.
You agree and understand that you do NOT acquire any ownership rights in the Website content by your use of the Website or its content, and we do not grant you any licenses, express or implied, to the intellectual property of Dr. Miranda Naylor, DO, Inc. or our licensors, as applicable, unless expressly authorized. Furthermore, you agree and understand that you are not permitted to delete or alter any proprietary rights or attribution notices on or in the Website or any of its contents, products or services such as the copyright notice © or trademark notice such as TM or ®.
Any trademarks, taglines, and logos displayed on the Website are trademarks belonging to Dr. Miranda Naylor, DO, Inc. Any trademarks reproduced on this Website, which are not the property of, or are licensed to Dr. Miranda Naylor, DO, Inc., are the property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Miranda Naylor’s express written consent.
Materials Provide by You to the Website and Your Use of Communication Services
Please choose carefully the materials that you upload to, submit to, or embed on this Website. Any material you post on this Website becomes public. Always use caution when giving out any personally identifying information about yourself in any Communication Service. You are responsible for your material and for any liability that may result from the material you post on this Website. You participate, comment, and post material on this Website or any social media sites of Dr. Miranda Naylor at your own risk.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and you agree to post comments or other material only one time. Any communication by you on this Website and its Communication Services, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.
Dr. Miranda Naylor, DO, Inc. has no obligation to monitor the posts, comments, or materials submitted on Communication Services or to enforce any intellectual property rights you may have in the material you post. However, Dr. Miranda Naylor, in her sole discretion, may delete or modify, in whole or part, any post, comment or submission to this Website. Dr. Miranda Naylor neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this Website Dr. Miranda Naylor, DO, Inc. shall not be responsible or liable for any loss or damage caused by your use of any Communication Services or third-party posts, comments, or materials on this Website.
We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. And we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
No Unlawful or Prohibited Use or Conduct
You agree that you will not use the Website in any way that causes or is likely to cause the Website or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website.
As a condition of your use of the Website and its contents, you agree to use the Website and its contents only for lawful, legitimate, non-commercial purposes and that you will NOT use the Website its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms & Conditions. You agree that you will NOT use and understand that you are strictly forbidden from using the Website or its contents in any of the following ways:
- In any manner that could damage, disable, overburden, or impair the Website or its contents or interfere with any other party’s use and enjoyment of the Website, its contents;
- To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose;
- To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Website or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send or infect our Website or its with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not;
- To cause annoyance, inconvenience, anxiety, or fear;
- To impersonate any third party or otherwise mislead as to the origin of your contributions;
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or its contents to you.
- To transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- To systematically or automatically collect data from this Website.
We may, without notice, refuse access to the Website, in whole or part, to any person that fails to comply with these Terms & Conditions.
Email And Other Electronic Communications
Links to Third-Party Websites, Services or Social Media
The Website may contain links to third-party websites such as the online supplement dispensary retailers like Fullscript and Thorne or social media sites (“Linked Websites”). The Linked Websites are not under the control of Dr. Miranda Naylor, DO, Inc. and Dr. Miranda Naylor, DO, Inc. is not responsible or liable for any content of any Linked Website, including without limitation any link contained in a Linked Website or actions taken by the Linked Websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While we only provide Linked Websites that Dr. Miranda Naylor believes in and trusts, the inclusion of any link does not imply endorsement by Dr. Miranda Naylor or Dr. Miranda Naylor DO, Inc. of the views, opinions, facts, advice or statements in such Linked Websites or any association with its operators. Although we may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. We have no control over the contents, actions or functionality of the Linked Websites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Linked Website. It is your responsibility to review the terms and conditions and privacy policies of the Linked Websites to confirm that you understand and agree with those policies. Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever.
As set forth more fully in the Disclaimer, you agree that Dr. Miranda Naylor, DO, Inc. has not made any guarantees about the results of taking any action, whether recommended on or in this Website or not. This Website provides educational and informational resources that are intended to help users of this Website succeed in health or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Dr. Miranda Naylor, DO, Inc. and Dr. Miranda Naylor.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether patients of Dr. Miranda Naylor or otherwise – applying the principles set out in this Website, its contents, products and/or services are no guarantee that you or any other person or entity will be able to obtain similar results.
Any testimonials or examples shown through the Website are truthful reports stated by real people (not actors), but they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies.
User’s Personal Responsibility and Assumption of Risk
As set forth more fully in the Website Disclaimer, we have done our best to ensure that the Website and its contents are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither Dr. Miranda Naylor, DO, Inc. nor any of our officers, directors, employees, contractors, affiliates or suppliers are responsible for any errors or omissions on or in this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By accessing this Website and its contents in any way you accept personal responsibility for the results of your actions. Dr. Miranda Naylor, DO, Inc. is not responsible for your personal actions or choices before, during or after use of our Website. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Website is at your own risk, and you agree to take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in this Website and to absolve Dr. Miranda Naylor, DO, Inc. of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur.
Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested on this Website, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
Termination and Access Restriction
We reserve the right, in her sole discretion, to refuse or terminate your access to the Website, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you in these Terms & Conditions with respect to the Website will still apply even after such termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION ON AND IN THE WEBSITE, AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- MIRANDA NAYLOR, DO, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS FOR ANY PURPOSE.
- MIRANDA NAYLOR, DO, INC. MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, DR. MIRANDA NAYLOR, DO, INC. MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. DR. MIRANDA NAYLOR, DO, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME.
- MIRANDA NAYLOR, DO, INC. FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL DR. MIRANDA NAYLOR, DO, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF DR. MIRANDA NAYLOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. IN SUCH STATES, THE LIABILITY OF DR. MIRANDA NAYLOR, DO, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
BY USING OR VIEWING THIS WEBSITE AND ITS CONTENTS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE DR. MIRANDA NAYLOR, DO, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS FROM ANY AND ALL CLAIMS.
This Website (excluding any linked sites) is controlled by Dr. Miranda Naylor, DO, Inc. from our office within the State of California, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Website, Dr. Miranda Naylor, DO, Inc. and you both agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Website.
In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Dr. Miranda Naylor, DO, Inc. or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
The Website is controlled, operated and administered by Dr. Miranda Naylor, DO, Inc. from our offices in the United States. We do not represent that materials on this Website are appropriate or available for use in other locations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to defend, indemnify and hold harmless Dr. Miranda Naylor, DO, Inc. and its officers, directors, employees, contractors, affiliates and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Website in violation of these Terms & Conditions, (ii) any breach by you of these Terms & Conditions or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website (except to the extent a claim is based upon infringement of a third-party right by materials created by Dr. Miranda Naylor, DO, Inc. or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. We reserve the right, at our 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 us in asserting any available defenses.
If any portion of these Terms & Conditions is construed to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms & Conditions and it shall not affect the validity or enforceability of the remainder of the Terms & Conditions which shall be given full force and effect.
Any failure by us to enforce or exercise any provision of these Terms & Conditions shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.
We believe in honesty. As noted on the Website, Dr. Miranda Naylor, DO, Inc. may receive a commission if you purchase products from our online supplement dispensary retailers Fullscript and Thorne If we link to or offer any other content, products or services for which we receive a commission, we will provide an applicable disclosure near such link or offer content.
As a policy, we will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. With respect to Fullscript and Thorne specifically, we choose to provide this service so that we know you are receiving the highest quality products that are not contaminated and contain therapeutic levels of the ingredients they are supposed to contain from manufacturers who have gained our confidence through considerable research and experience.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Website, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to Dr. Miranda Naylor, DO, Inc. by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
If you have any questions about these Terms & Conditions, please contact us at firstname.lastname@example.org.