Empowered Health Institute, PLLC
Effective Date: February 18, 2019
Use and Restrictions
You additionally agree not to: (1) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) Use any device, software or routine that interferes with the proper working of the Website; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) Attack the Website via a denial of-service attack or a distributed denial-of-service attack; and (8) Otherwise attempt to interfere with the proper working of the Website.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. This site is not intended for use by minors.
How we treat postings to this site (Blog, Forum, or Chat Room)
We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgement, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contract to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure, or confidentiality agreements, or other intellectual property rights, and material that violated export control laws.
We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove, or delete any material submitted as a comment to blog, forum, or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing, or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; and promotions for commercial products or services.
By submitting a comment for posting, you agree that we are not responsible, and will have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material, even material that violated this Agreement.
Company will not respond to e-mails or other messages that contain sensitive medical information. If you request a response and are a patient of Company, Company will respond through the secure patient portal. By initiating correspondence through an unsecure and/or unencrypted channel, you waive Company’s obligation to guarantee confidentiality with respect to correspondence using such means of communication. You understand and acknowledge that messages through the patient portal or by email are not appropriate means of communication regarding emergency or other time-sensitive issues. Telephone voicemails, emails, and patient portal messages are checked during regular business hours and responded to on a regular basis through the week, according to your membership plan, if any.
Defamation; Communications Decency Act Notice
This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigation or verifying the accuracy of any content or any other information contained in such postings.
You may acquire products, services, and/or content from this site. We reserve the right to require that you agree to separate terms as a condition of your use and/or purchase of such products, services and/or content. Purchases of products, services, and/or content from this site are subject to third-party processing terms and separate licensing terms.
The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by us and/or others with permitted use by us. Except for the limited rights granted herein, all other rights are reserved to Company.
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notice should be addressed to the contact person specified below (our agent for notice of claimed infringement.
Empowered Health Institute, PLLC.
Attn: Copyright Officer
503 Knight St, Ste B
Richland, WA 99352
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable the access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (1) Description of the copyrights work that is the subject of claimed infringement; (2) Description of the infringing material and information sufficient to permit us to locate the alleged material: (3) Contact information for you, including your address, telephone number and/or email address: (4) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) A physical or electronic signature of the copyright owner or a person authorized to act on the copy right owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “ASIS,” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY OR THROUGH THE USE OF THIS SITE. ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IM
Limitation of Liability
IN NO EVENT WILL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, EVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to this Site
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
Links to Third-Party Websites
Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions or advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
Consumer Rights Information; California Civil Code Section 1789.3
If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an email address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Empowered Health Institute, PLLC.
Attn: California Rights Officer
503 Knight St, Ste B
Richland, WA 99352
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Washington State Consumer Protection Division may be contacted in writing at Attorney General’s Office, Consumer Resource Center, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104 or by telephone at 206-464-6684.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. Arbitration will take place in Richland, Washington and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Washington, USA to all issues in dispute. The controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
Jurisdiction and Venue
This Agreement will be construed under laws of the State of Washington, USA, excluding rules regarding conflicts of law. The Application of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded
Onward Transfer of Personal Information Outside your Country of Residence
Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
If any provisions of these terms are declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had modified as above provide, as the case may be.
We will not be liable for damage for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.