Terms of Use

 

These Terms of Use ("Terms") govern your access to and use of the podcast and website located at thebetterhealthlibrary.com, thestartinggatepodcast.com and https://sarah-schuetz-4e9b.mykajabi.com/the-starting-gate-95b2d334-fc33-4387-83fd-5f9e324dc27e (both respectively and collectively referred to as the "Site"), which is owned and operated by My Lifestyle Doc Ed, LLC ("we", "us", or "our"). By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you are not authorized to use or access the Site.

 

Acceptance of Terms

By accessing, browsing, listening to, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications, and to comply with all applicable laws and regulations. These Terms, together with our Privacy Policy, constitute the entire agreement between you and My Lifestyle Doc Ed, LLC concerning your use of the Site and supersede any prior agreements or understanding between you and My Lifestyle Doc Ed, LLC.

No Physician-Patient Relationship

The content provided on our Site, including articles, blog posts, podcast episodes, and other information, is for general informational purposes only and should not be construed as medical advice (or any other kind of professional advice) on any subject matter. The use of this Site and the transmission or receipt of information contained on this Site does not create physician-patient relationship between you and either co-host, Dr. Sarah Schuetz or Dr. Katherine Dotson. You should not act or refrain from acting on the basis of any content on this Site without seeking appropriate professional advice. 

No Guarantees or Warranties

The information and materials available on the Site are provided "as is" and "as available" without any express, implied, or statutory warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy. My Lifestyle Doc Ed, LLC does not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any information or materials available on the Site. Your use of the Site is at your own risk.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall My Lifestyle Doc Ed, LLC, its partners, employees, agents, affiliates, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages (including, without limitation, loss of profits, revenue, data, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or inability to access or use, the Site or any content on the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether My Lifestyle Doc Ed, LLC has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless My Lifestyle Doc Ed, LLC, its partners, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any content you submit, post, transmit, or otherwise make available on the Site, your use of the Site's content, services, or products, and any use of the Site's content, services, or products other than as expressly authorized in these Terms.

Modifications to the Site and Terms

My Lifestyle Doc Ed, LLC reserves the right, at its sole discretion, to modify, suspend, or discontinue the Site, or any portion thereof, with or without notice, at any time. We may also modify these Terms at any time and in our sole discretion. If we modify these Terms, we will post the modified Terms on the Site or provide you with notice of the modification. By continuing to access or use the Site after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.

Intellectual Property Rights

Ownership. All content on the Site, including but not limited to text, graphics, logos, icons, images, and software, is the exclusive property of My Lifestyle Doc Ed, LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Site in any form or by any means without prior written permission from My Lifestyle Doc Ed, LLC. Any unauthorized use of the Site's content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Unless otherwise stated, My Lifestyle Doc Ed, LLC and/or its licensors own the rights to collect data for all the podcasts hosted by My Lifestyle Doc Ed, LLC and/or the Site.

License. Subject to your strict compliance with these Terms, My Lifestyle Doc Ed, LLC grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the content on the Site (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Site, and (ii) may be immediately suspended or terminated for any reason, in My Lifestyle Doc Ed, LLC’s sole discretion, and without advance notice or liability.

User-Generated Content

Parts of this Site may offer an opportunity for users to post and exchange opinions and information. My Lifestyle Doc Ed, LLC does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of My Lifestyle Doc Ed, LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, My Lifestyle Doc Ed, LLC shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this Site. My Lifestyle Doc Ed, LLC reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. You hereby grant My Lifestyle Doc Ed, LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.‍

User Warranties and Representation

You warrant and represent that:

  • You are entitled to post the comments on our Site and have all necessary licenses and consents to do so;
  • The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and
  • The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

Third-Party Links and Content

The Site may contain links to third-party websites, resources, or content that are not owned or controlled by My Lifestyle Doc Ed, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that My Lifestyle Doc Ed, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

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Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or your use of the Site will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction where My Lifestyle Doc Ed, LLC operates for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

‍Privacy

Please read our Privacy Policy.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Waiver

The failure of My Lifestyle Doc Ed, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or delegate any rights or obligations under these Terms without the prior written consent of My Lifestyle Doc Ed, LLC. My Lifestyle Doc Ed, LLC may freely assign or delegate all rights and obligations under these Terms, fully or partially, without notice to you.

Contact Us

If you have any questions or concerns about these Terms or your use of the Site, please contact us at [email protected].