Terms of Use

Your use of this Website constitutes your acceptance of and agreement to our Terms of Use (“Terms of Use”). If you do not agree to the Terms of Use, discontinue using the site immediately!

I. The Information on this Website Does Not Constitute Medical Advice

1. Schwarzbein Principle Programs, Inc., its owners, directors, officers, including Diana Schwarzbein, MD, its subsidiaries and affiliates (“SPP”), together with its employees, agents, and contractors have used commercially reasonable efforts in developing and providing all of the information including, without limitation, all text, audio and video recordings, graphics, images, and photographs (“Content”) for www.schwarzbeinprinciple.com and www.menopausepower.org (together, the “Website”). However, SPP, its employees, agents, and contractors make no representations or warranties with respect to the accuracy, applicability, fitness, or completeness of any of the Content. The Content is not exhaustive, may not be entirely current, and does not address all diseases, ailments, physical conditions, or their treatment.
2. The Content is provided strictly for educational and informational purposes for a general audience and does not constitute medical or other advice for the use or benefit of any individual person. SPP, including Diana Schwarzbein, MD, does not, directly or indirectly, practice medicine or provide medical services as part of or through the Website. The Content is not intended to substitute for professional medical advice, diagnosis, or treatment. SPP does not recommend self-managing your medical care. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding any medical condition and before undertaking any diet, exercise, or other health program discussed or referenced on the Website. You should never disregard medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your doctor or 911 immediately.
3. Reliance on any information provided on or via the Website is solely at your own risk. You hereby accept full and complete responsibility for your use and the results of your use, whether directly or indirectly occurring, of any of the Content, any and all ideas derived from the Content, and any information, products, or materials recommended, referenced, or sold on the Website.
4. The Content includes information about women’s reproductive issues that may be considered sexually explicit or otherwise offensive. Some of the Content may not be suitable for children. You are solely responsible for compliance with the laws applicable to your domicile.
5. None of the Content has been evaluated by the FDA or any other regulatory agency.

II. Your Acceptance of SPP’s Terms and Privacy Policy: Your use and/or visitation of the Website signifies your agreement to these Terms of Use and SPP’s Privacy Policy as published on the Website and incorporated herein by this reference (“SPP Privacy Policy”). If you do not agree to any of these Terms of Use or to the terms of the SPP Privacy Policy, do not use the Website. Both the Terms of Use and the SPP Privacy Policy are subject to modification from time to time without the requirement of notice to any party, and you hereby agree to be bound by any and all such modifications. Therefore, you should periodically review the most up-to-date version of the Terms of Use and SPP Privacy Policy as published on the Website. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you agree that you will immediately destroy any copies you have made of any portion of the Content.

III. Your Use of the Website – Permissions and Restrictions:  SPP hereby grants you permission to access and use the Website under the following conditions:

You agree to use the site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws, and contains trademarks and other proprietary information.  All rights and title in and to the Content are and shall remain the property of SPP or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  In SPP’s sole discretion, the Content and features of the Website are subject to change or termination without notice. All rights not expressly granted herein are reserved to SPP and its licensors.  You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.  You may not directly or indirectly modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, whether in whole or in part.

SPP authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use if you include the following copyright notice: “Copyright, Schwarzbein Principle Programs, Inc.  All rights reserved” and any and all other copyright or proprietary rights notices that were contained in the Content as published on the Website.  Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the prior, express, written permission of SPP.  In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes to the material itself or to change or delete any author attribution, trademark, legend, or copyright notice.

1. You agree not to alter or modify any part of the Website.
2. You agree not to use the Website for any commercial use without the prior written authorization of SPP.  Commercial uses include, without limitation, any of the following actions taken:

    

   1. Posting or transmitting through the website any material which contains advertising or any solicitation with respect to products or services;
   2. Advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services;
   3. Selling access to the Website or its related services on another Website;
   4. Using the Website, whether directly or indirectly, to gain advertising or subscription revenue; or
   5. Any use of the Website that SPP determines, in its sole discretion, to be a use of SPP’s resources or User Submissions, as the term is hereinafter defined, with the effect of competing with or denigrating SPP, the Content, or the Website.
3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to SPP’s server(s) in a given period of time than an average human can reasonably produce in the same period by using a conventional on-line web browser.  You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies, or regulations of networks connected to the Website.  Notwithstanding the foregoing, SPP hereby grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such materials.  SPP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, or to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.  You agree not to solicit, for any purpose(s), any users of the Website with respect to their User Submissions.  Any conduct by you that in SPP’s sole discretion restricts or may deter any other user from using or enjoying the site will not be permitted.
4. In your use of the Website, you will comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) in SPP’s sole discretion is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law or applicable regulation.
5. You agree not to upload, post, or otherwise make available on the Website any material protected by copyright, trademark, or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark, or other proprietary right, and you agree that the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or all other harm resulting from any such submission.
6. You also agree not to impersonate any other person while using the Website or to conduct yourself in a vulgar or offensive manner while using the Website. You agree that SPP may in its sole discretion reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, or content believed by SPP to be protected by third party proprietary rights, including but not limited to copyright, trademark, or publicity rights.
7. You agree that SPP, should it accept a User Submission, may include that User Submission in the Website for as long or as short a period of time as SPP, in its sole discretion, may determine. You also agree that SPP may edit any User Submission in any way deemed appropriate in SPP’s sole discretion.
8. You agree that SPP shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that SPP shall, in its sole discretion, decide to remove for any reason or no reason.
9. SPP reserves the right to discontinue the entire Website or any portion or aspect thereof at any time for any reason or no reason.

IV. Membership Accounts:  In order to access some of the Content of the Website, you may have to create an account (“SPP Account”). When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you agree to keep your account password secure. You agree never to use another person’s account or to allow your account to be used by another person.  You agree to notify SPP immediately in the event of any breach of security or unauthorized use of your account. You agree that SPP shall not be liable to you or any third party for any losses caused by any unauthorized use of your account.  However, you may be liable for the losses of SPP or others due to such unauthorized use. The creation of a SPP account is an explicit acceptance by you of these Terms of Use and that any violation of these Terms of Use, in the sole determination of SPP, is cause for the termination of your SPP Account without refund or other accommodation.

V. Electronic Communications:  By establishing an SPP Account, or by otherwise providing your name and email address to SPP, you consent to receiving electronic communications from SPP.  These communications may include notices about your account and information concerning or related to SPP and the Website. You agree that any written notice, agreements, disclosure or other communications required or permitted hereunder or by law may be provided to you via the email address most recently provided to SPP by you, and that such email transmission shall constitute delivery of notice for all legal purposes.

VI. Right to Terminate: SPP reserves the right to terminate or restrict your access to and use of the Website, without notice, for any reason or no reason.  SPP may terminate your SPP Membership for any violation of these Terms of Use as SPP may determine in its sole discretion without refund or other accommodation.

VII. Disclaimer of Opinion: Any opinions, advice, statements, services, offers, or other information that constitute any part of the Content, not authored by or otherwise subject to the copyrights of SPP, especially including Member Submissions, are those of the respective authors or producers and not of SPP.  Under no circumstances shall SPP be held liable for any loss or damage caused by your reliance on any such information obtained through the Website.  It is your responsibility to evaluate all information, opinions, advice, and other content published on the Website.

VIII. Disclaimer of Warranty:

1. Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed.  The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis.  You agree that the use of the Website, the Content, and any product or service discussed, referenced, or promoted via the Website is undertaken at your own risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of SPP and its suppliers.
2. The dietary supplements and other health products (together, “Health Products”) sold on the Website are manufactured by parties other than SPP.  SPP does not control the manufacture or formulation of the Health Products.  Neither does it control any statements about the Health Products other than those published on the Website by SPP, specifically excluding statements or comments in User Submissions or otherwise authored by any party other than SPP.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEITHER SPP NOR ANY OF ITS EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE, OR ERROR FREE; NEITHER DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SPP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ANY ERRORS, INACCURACIES, MISTAKES, OR OMISSIONS OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR ANY PRODUCT OR SERVICE ACQUIRED BY YOU VIA THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

SPP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR ANYTHING FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPP WILL NOT BE A PARTY TO OR BE, IN ANY WAY, RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.  SPP, ITS EMPLOYEES, CONTRACTORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION WITH RESPECT TO: (I) PRESCRIPTION DRUGS, HEALTH PRODUCTS, OR OTHER PRODUCTS; (II) OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE OR OTHER TOOLS USED IN CONNECTION WITH THE WEBSITE OR THE CONTENT HAVE BEEN SATISFIED.

IX. Liability of SPP: If you are dissatisfied with SPP, the Website, the Content, or anything else related to SPP, the Website, or the Content, including these Terms of Use or the SPP Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.

IN NO EVENT SHALL SPP, ITS EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES INCLUDING, WITHOUT LIMITATION: ANY PERSONAL INJURY, DEATH, OR ANY OTHER PERSONAL LOSS OR HARM OF ANY KIND, ANY LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC OR COMMERCIAL LOSS OR DAMAGES IN ANY WAY ARISING, WHETHER DIRECTLY OR INDIRECTLY FROM: (I) YOUR USE, MISUSE, OR RELIANCE ON THE WEBSITE, THE CONTENT, ANY HEALTH PRODUCTS, OR ANY PRODUCTS YOU PURCHASE FROM A THIRD PARTY IN CONNECTION WITH OR INCIDENT TO YOUR USE OF THE WEBSITE, ANY AFFILIATED WEBSITE, OR ANY PRODUCT OR SERVICE REFERENCED ON THE WEBSITE; OR (II) DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY, ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, OR FROM ANY AND VERY OTHER CAUSE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY OF LAW, AND WHETHER OR NOT SPP IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SPP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY SPP FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND SPP MAKES NO REPRESENTATIONS THAT THE WEBSITE IS AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO OF THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU HEREBY SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY LIABILITY OF SPP ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT OR HEALTH PRODUCT OR ANY PRODUCT YOU PURCHASE FROM A THIRD PARTY IN CONNECTION WITH OR INCIDENT TO YOUR USE OF THE WEBSITE, ANY AFFILIATED WEBSITE, OR ANY PRODUCT OR SERVICE REFERENCED ON THE WEBSITE SHALL BE LIMITED TO THE ACTUAL, DIRECT ECONOMIC DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.00.  REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT OR HEALTH PRODUCT OR ANY PRODUCT YOU PURCHASE FROM A THIRD PARTY IN CONNECTION WITH OR INCIDENT TO YOUR USE OF THE WEBSITE, ANY AFFILIATED WEBSITE, OR ANY PRODUCT OR SERVICE REFERENCED ON THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE COMMENCEMENT OF THE EVENT GIVING RISE TO SUCH ACTION.

THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

X. Indemnification:   You agree to defend, indemnify and hold harmless SPP and its employees, contractors, and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs of defense) arising out of: (i) your use of the Website and/or any information, services and/or goods provided via the Website; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property, or privacy right; (iv) any claim that one or more of your User Submissions caused damage to a third party. The obligations under this subsection will survive these Terms of Use and your use of the Web site.

XI. Advertisements, Product/Service Promotions and Links to Other Sites:  On the Website, SPP discusses, promotes, and/or directly or indirectly sells certain products and/or services of third parties including Health Products.  With respect to Health Products, the manufacturers or distributers wholesale the Health Products to SPP, which SPP, in turn sells at a profit.  In some cases the third-party product and/or service provider may pay SPP a referral fee for purchases made by individuals that are referred to it by SPP.  AS NOTED ABOVE, SPP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTS OR EFFICACY OF THESE PRODUCTS AND/OR SERVICES, AND YOUR USE OF ANY PRODUCT OR SERVICE THAT IS DISCUSSED OR PROMOTED VIA THE WEBSITE IS AT YOUR OWN RISK AND IS SUBJECT TO THESE TERMS OF USE.  Some of the hyperlinks on the Website may lead to other web sites that are not controlled by or affiliated with SPP.  In addition, other web sites may link to the Website.  Unless expressly stated, SPP has not reviewed or endorsed these third party web sites, has no control over those sites and is not responsible for the content, privacy policies, or practices of any such third party web sites.  In addition, SPP will not and cannot censor or edit the content of any third-party site.  By using the Website, you expressly relieve, indemnify and hold harmless SPP from any and all liability arising from your use of any third-party web site that you visit incident to your use of the Website.  Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party web site that you visit.

XII. User Submissions and Contributions: “User Submissions” means any and all information or content in any medium that you or other users submit to the Website including, but not limited to questions, comments, reviews, and posts made in blogs. 

1. By making any such User Submission, you automatically grant or warrant that the owner of such submitted content has expressly granted SPP a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sub-licensable and transferable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the content of the User Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  SPP may sublicense all such rights through multiple tiers of sublicenses without restriction.  By making a User Submission you also hereby automatically grant each user of the Website a non-exclusive license to access your User Submission(s) through the Website, and to reproduce, display, distribute, and otherwise use such User Submissions as permitted through the functionality of the Website and in accordance with these Terms of Use. You understand and agree that SPP may choose to retain and to use for any lawful purpose whatsoever copies of User Submissions whether or not previously published on the Website.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use the content of your User Submissions and authorize SPP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
3. SPP does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SPP expressly disclaims any and all liability in connection with User Submissions.  SPP does not permit copyright infringing activities or infringement of intellectual property rights on the Website, and SPP will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights.  SPP reserves the right to remove User Submissions without prior notice.
4. You hereby agree that SPP is free to use any comments, information, ideas, concepts, reviews, or techniques, or any other material contained in any User Submission or other communication you may send to SPP including, without limitation, responses to questionnaires or through postings to the Website, without any compensation, acknowledgement, attribution, or payment to you whatsoever.
5. SPP reserves the right to reject, remove, or edit User Submissions at any time without notice.  User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, conventional mail or e-mail addresses, or personal attacks; misleading information regarding the origin of the content of the User Submission; or any critical, malicious, or defamatory comments or discussion regarding SPP, its employees, agents, contractors, policies, products, or services.  You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.

XIV. Dispute Resolution: 

1. You expressly agree that any claim you may have arising out of or related to these Terms of Use, the Website, the Content, or any services or products, including the Health Products, provided on, through, or in connection with the Website shall be settled by binding arbitration to be held in Santa Barbara, California in accordance with the rules of the American Arbitration Association.  Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. You hereby agree that that: (i) any violation of any intellectual property rights of SPP could cause irreparable harm that is not compensable in monetary damages; (ii) that in the event of SPP’s belief, in good faith, that any intellectual property right(s) of SPP have been violated, SPP shall have the right to seek injunctive relief to protect those rights; and that notwithstanding the foregoing SPP shall not be precluded from seeking such injunctive relief in any court of competent jurisdiction for protection of its intellectual property rights. 
2. You hereby agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving SPP or its employees, contractors, or agents.
3. You hereby agree that these Terms of Use shall be interpreted, construed, and governed under and enforced in accordance with the laws of the State of California applicable to agreements made and to be performed solely within and by residents of the State of California without regard to the principle of conflicts of laws or arguments of forum non-conveniens.  You agree that in bringing any claim or action arising out of these Terms of Use that SPP shall have no obligation to arbitrate as you are required to do pursuant to the terms of section  14.A, hereof, and that with respect to any such claim or action brought by SPP hereunder, you: (i) agree to submit to the exclusive jurisdiction of the courts of the State of Colorado and the Federal courts of the United States sitting in the State of California; (ii) agree that all claims in respect of any such action or proceeding may be heard and determined in such courts, (iii) irrevocably waive (to the extent permitted by applicable law) any objection which you now or hereafter may have to the laying of venue of any such action or proceeding brought in any of the foregoing courts in and of the State of California, and any objection on the ground that any such action or proceeding in any such court has been brought in an inconvenient forum, (iv) agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner permitted by law, and (v) waive any right to trial by jury in any action or proceeding arising out of these Terms of Use.
4. If any provision of these Terms of Use is found to be invalid by any arbitrator or any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

XV. Revisions to Terms of Use:  These Terms of Use may be revised, modified, altered or updated in the future without notification or cause.  You hereby agree that such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which notice may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means.  Any use of the Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions.

XVI. Entire Agreement:  These Terms of Use, as modified from time to time, and including the policies incorporated herein by reference, set forth the entire understanding and agreement of the parties relating to the subject matter hereof, and supersede any prior or contemporaneous understandings of every kind or nature.  By agreeing to these Terms of Use, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

XVII. Severability:   The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

XVIII. Digital Millennium Copyright Act: It is SPP’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SPP’s designated Copyright Agent to receive notifications of claimed infringement is: Jonathan Cleary, Schwarzbein Principle, Inc. 350 South Hope Avenue, Suite A 102, Santa Barbara, CA 93105.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SPP customer service via email to support@menopausepower.com.  You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

XIX. Intellectual Property Rights:  All Content is owned by Schwarzbein Principle Programs, Inc., Diana Schwarzbein, MD, or third party licensors, and is protected by U.S. and international copyright, trademark, and similar intellectual property laws. All rights in and to such Content are reserved.  Reproduction of any Content, in whole or in part, without permission is prohibited.

XX. Ability to Accept Terms:  You hereby affirm that you are either 18 years of age or older, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

XXI. Other Provisions:  No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and SPP by your use of the Website.  All terms and conditions that would reasonably survive the expiration or termination of these Terms of Use shall survive including, without limitation: Electronic Communications, Disclaimer of Warranty, Liability of SPP, Indemnification, User Submissions and Contributions, Dispute Resolution, Entire Agreement, Severability, and Intellectual Property Rights.  These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SPP without restriction.  The section headings used herein are for convenience only and shall not be given any legal effect. These Terms of Use are for the benefit of SPP, its employees, contractors, agents, third party content providers and licensors, and each shall have the right to assert and enforce these Terms of Use directly on its own behalf.