Updated 09/08/2020

Terms

By accessing our website www.elisayaomd.com, (herein "Website" or “Site" or “Service"), you (herein "your", "user", "User", that also in many circumstances may be referred to as "visitor", "subscriber", "customer") are agreeing to be bound by these Terms of Use ("User Agreement", "terms and conditions", "Agreement", or agreement"), our Privacy Policy, and Disclaimers, as set forth by Elisa Yao M.D., PC ("Company", "we", "us", "our), and you agree to be bound by all laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on our Websites are protected by applicable copyright and trademark law. 

We reserve the right at our sole discretion to change or replace this User Agreement or to impose new conditions on use of the Website from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified. If you do not agree to the new terms, you are no longer authorized to use the Service.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of Elisa Yao M.D., PC and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Elisa Yao, M.D. PC.

Disclaimer

Your use of the Website is at your sole risk. The materials on the Website are provided 'as is'. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Websites or otherwise relating to such materials or on any sites linked to this site.

Throughout our Websites, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

THIS WEBSITE IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE.

If you have a medical emergency, call your doctor or 911 immediately.

All information, content and material available through our Website are of a general nature and are provided only for informational purposes only. No information is to be taken as medical advice for any individual specific health or medical condition. You should not rely on this information as a substitute to replace professional medical advice, consultation, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a qualified physician or other health care professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your health care professional because of something you may have seen/heard on our Website or on our Videos/Courses/Programs/Challenges. This information is not intended to recommend the self-management of health problems or wellness, nor is it intended to endorse or recommend any particular type of medical treatment. Nothing on the Website should be taken to be the practice of medical or counseling care.

No information contained in our videos or our Website should be used to initiate the use of dietary supplements, medications, vitamins, herbal and nutritional products or homeopathic medicine, or other described products prior to consulting first with a physician or health care provider.

Information provided on this Website and the use of any products or services purchased by you on our Website/Service DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website/Service. Information and statements regarding dietary supplements available on this Website/Service have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

You agree at all times to defend, indemnify and hold harmless Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Elisa Yao, M.D. PC is a separate entity from Elisa Yao, M.D., and nothing herein shall be construed as to make one entity liable for any claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, which are attributable to such other entity.

Limitations

In no event shall the Company, its members, agents, successors or assigns be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Company’s website, even if the Company or an authorized agent of the Company has been notified orally or in writing of the possibility of such damage. While reasonable efforts are made to protect the privacy of Users, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk of the potential for breach of privacy or exposure to viruses or other harmful effects.

Online Links / Commerce

The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.

From time-to-time, we may recommend, promote or introduce you to products, services and/or offers made by third-parties. In the spirit of full transparency, we may derive commissions from such sales or offers.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Revisions and Errata

The materials appearing on our Websites may include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials.

Indemnification

You agree at all times to defend, indemnify and hold harmless Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Limitation Of Liability

In no event shall Elisa Yao, M.D. PC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, indirect, incidental, special, consequential, special, exemplary, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses that result from the use of, or the inability to use the Site, emails, products, or services, or third-party materials, products, or services made available through the Site or by Us in any way, even if we are advised beforehand of the possibility of such damages.  

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITES:

OUR SITES OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SITES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. 

If you are dissatisfied with the Website, any materials, products, or services on the Website, or with any of the Website’s Terms and Conditions, your sole and exclusive remedy is to stop using the Website, and the products, services, and/or material. Service. User hereby acknowledges that this paragraph shall apply to all content and services available through this Site. 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law / Venue

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions, and held in Santa Clara County.

Use of Communication Services

This Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), 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. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, slander, embarrass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, hateful, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services or Website.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Website, or any account, computer system, or network connected to our Website, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Website.
• Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Use this Website as a means to distribute advertising or other unsolicited material to any third party
• Attempt to disable, or otherwise interfere with the proper functioning of this Website
• Use this website for any purpose in violation of local, state, national or international laws

This Site has no obligation to monitor the Communication Services. However, this Site reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. This Site reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Termination of Use

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice or liability, under our sole discretion, for any reason whatsoever, and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in Santa Clara County, California.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. 

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. 

Miscellaneous

These Terms of Service, together with the Privacy Policy, contain the entire agreement of the parties, and supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.

Any waiver or forbearance by the COMPANY of any breach by you of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by you.

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

If you have any questions about these Terms and Conditions, please contact us:

• By email: support@elisayaomd.com
• By mail: Elisa Yao, M.D. PC 530 Showers Drive, Suite 7-212; Mountain View, CA 94040