Terms & Conditions
DO NOT USE THE SERVICES TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
These Terms of Use (or “Terms”) are entered into between you and Dr Martha LLC, including any current and/or future affiliates (collectively, “Dr Martha” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and Dr Martha. “You,” “your,” and similar terms refer to you, as an individual, as well as the business or entity on whose behalf you are using or visiting this website, as well as any person or entity that has rights through you.
Dr Martha is proud to offer her medical services marketed under the terms “weight loss whisperer” and “health by numbers” via weightlosswhisperer.com. “Website,” “site” or similar terms means this website, with a home page located at www.weightlosswhisperer.com, and all subordinate pages. The Website will allow you to learn more about Dr Martha, as well as schedule appointments with Dr Martha, subject to the terms and conditions of these Terms. The Website and Program, and all information and materials contained in or offered thereby, are collectively referred to as the “Services.”
YOUR AGREEMENT TO THESE TERMS OF USE INCLUDES AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES, A CLASS ACTION WAIVER, INDEMNIFICATION OBLIGATIONS AND LIMITATIONS OF LIABILITY, AS DESCRIBED FURTHER BELOW. These provisions affect your rights and remedies under these terms. Please review them carefully before accessing or using the services or making any purchases.
THE SERVICES AND ALL CONTENT CONTAINED THEREIN ARE THE PROPERTY OF DR MARTHA LLC, ITS AFFILIATES AND RELATED ENTITIES (INCLUDING PA IP, LLC), AND ITS LICENSORS AND ARE PROTECTED BY INTERNATIONAL AND U.S. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. Dr Martha TAKES THE INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS VERY SERIOUSLY AND RESERVES ALL RIGHTS TO TAKE APPROPRIATE ACTION TO TERMINATE ANY SUCH INFRINGEMENTS.
Not Medical Advice
The information on any Dr Martha LLC, PC website or online presence, including including all texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. The Services do not provide medical, professional, or licensed advice and are not a substitute for consultation with a healthcare professional. You should seek medical advice from a qualified health care professional for any questions or schedule an appointment with Dr Martha. Do not use the Services for medical diagnosis or treatment. None of the content on the Services represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that Dr Martha LLC and weightlosswhisperer.com provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.
Your reliance on any information on the Services is solely at your own risk. Dr Martha LLC makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on the Services. We reserve the right to withdraw or amend the Services, and material we provide on the Services, in our sole discretion without notice.
Your Agreement to these Terms of Use
By using or visiting the Services, or otherwise clicking “I Agree,” “Submit,” or a similar button or checkbox when prompted, you accept and agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document. If you do not agree to be bound by these Terms, do not access or use the Services, sign up for an account, or make any purchases via the Services.
Dr Martha LLC reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use the Services.
If you are dissatisfied with the Services or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Services.
Eligibility
The Services are intended for use by adults who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and otherwise meet all of the eligibility requirements contained herein.
Based in U.S.
Dr Martha is located in the United States (U.S.). Dr Martha makes no representations that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By interacting with or submitting information via the site, you consent to the transfer to and processing of such data in the U.S. The Services offered thereby are not intended to subject Dr Martha LLC to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at martha@weightlosswhisperer.com
Restrictions on Website Use
You agree to not use the Services in any way not permitted by these Terms of Use. You agree that in the course of accessing and using the Services: (i) you will not misrepresent your identity, impersonate any individual or entity, or provide false information to Dr Martha LLC; (ii) you will not attempt to access any part of the Services to which access has not been explicitly granted to you, personally; (iii) you will not take any actions that may interfere with operation of the Services or the use of the Services by other users; (iv) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) you will not violate any applicable laws and regulations; and (vi) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.
You shall not use the Services for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person.
In connection with the Services, you must not: (i) transmit, or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software, or routine that interferes with the Services; (iii) interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; (iv) use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying content or data on the Services; and (v) otherwise attempt to interfere with the proper working of the Services. Dr Martha LLC reserves the right to terminate access to any or all features of the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Links to Other Websites
The Services may contain links to websites that are not operated by us (including social media platforms). These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about uses of devices, products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the privacy policy and terms of use of any such site you visit.
Payments; Receipt of Funds
In order to make a payment via the Services, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a payment and that you have all authority necessary to make a payment using the credit card or payment mechanism that you submit. By submitting such information, you grant Dr Martha LLC the right to provide such information to third parties for the purposes of facilitating your payment. You acknowledge and agree that Dr Martha LLC is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.
Security
While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to Dr Martha LLC, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of the Services. You agree that Dr Martha LLC is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.
Disclaimer Of Warranties, Indemnification, And Limitation Of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. DR MARTHA DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR DOWNLOADING ANY OF ITS CONTENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DR MARTHA LLC, OUR VENDORS AND ADVERTISERS, AND OUR AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE, YOUR USE OR MISUSE OF THE SERVICES, OR YOUR VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THE SERVICES OR ANY OF ITS CONTENT IS TO STOP USING THE SERVICES.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, DR MARTHA LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE SERVICES OR ANY INFORMATION PUBLISHED ON THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL DR MARTHA LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL , SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF DR MARTHA LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DR MARTHA LLC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DR MARTHA LLC AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE GREATER OF: (I) $100, OR (II) AMOUNT OF FEES PAID BY YOU TO DR MARTHA LLC IN THE PRECEDING TWELVE (12) MONTHS.
Arbitration
Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Austin, Texas. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.
Governing Law and Statute of Limitations
Any claims relating to, and the use of, the Services are governed by the laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule.
For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using the Services, you consent to personal jurisdiction in the federal and state courts of Arizona, which will have exclusive jurisdiction for any action arising out of or relating to the Services or your use of the Services. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of Phoenix, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of the Services, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
No Class Actions
You agree to bring any claim or cause of action arising under or related to these Terms of Use, the Services, or any dispute with Dr Martha LLC in your individual capacity, and not as a member or representative of any class or collective action.
General
You may not assign any rights or obligations under these Terms of Use without Dr Martha LLC’s prior written consent. Dr Martha LLC may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Dr Martha LLC superseding any other agreement between you and Dr Martha LLC with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.
Contact Information & Notices
We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on the Services, or by written communication delivered by First Class U.S. Mail to your address on record with us.
The Services are operated by Dr Martha LLC 2210 S Mill Ave Suite 8A Tempe Arizona 85282 All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: martha@weightlosswhisperer.com.