Terms of Service

Lifestyle Medicine Maine Terms of Use
Effective Date: June 2023

This website is owned and operated by Jessica Krol, FNP (“Company,” “we,” or “us”).

This Disclaimer, along with the Terms of Service and Privacy Policy, governs your access to and use of lifestylemedicinemaine.com, including any content, functionality and services offered on or through lifestylemedicinemaine.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by the Terms of Service. If you do not want to agree to the Disclaimer, you must not access or use the Website.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY USING THIS WEBSITE AND ANY RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE WEBSITE. YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.

THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.

For Educational And Informational Purposes Only

The information contained on the Website and the resources available for download through the Website are for educational and informational purposes only.

Not Professional Advice

The information contained on the Website and the resources available for download through the Website are not intended as, and shall not be understood or construed as, professional advice. While the owner of the Company is a licensed professional and the information provided on the Website relates to issues within the Company’s area of professionalism, the information contained on the Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on the Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through the Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional whom you have a professional-client relationship with.

Neither the Company nor its owner shall be held liable or responsible for any errors or omissions on the Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

No Professional-Client Relationship
Your use of the Website – including implementation of any suggestions set out in the Website and/or use of any resources available on the Website – does not create a professional-client relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of the Website.

User’s Personal Responsibility
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on the Website.

No Guarantees

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on the Website or not. The Company provides educational and informational resources that are intended to help users of the Website succeed in health and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in the Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Errors And Omissions

This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in the Website is accurate, but we cannot represent that the Website is free of errors. You accept that the information contained on the Website may be erroneous and agree to conduct due diligence to verify any information obtained from the Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in the Website.

Reviews
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on the Website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to info@lifestylemedicinemaine.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

Affiliate Links
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. The Company will inform you when one of the links constitutes an affiliate link. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

No Endorsements
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

Testimonials
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on the Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Website. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on the Website or by the Company.

Payment for Educational Courses
The Website may allow you to purchase individual access to Educational Courses (“Courses”) that do not constitute medical advice, does not constitute a professional-client relationship and are solely offered for educational purposes as outlined above. When you make such a purchase via the Website, all information obtained by Company from you in the course of such purchase, including User Information, may be collected by Company, as well as our third-party vendors, such as payment processing companies, responsible for facilitating your purchase. These third-party vendors may have privacy and data collection practices that are different from those utilized by Company. In addition to being subject to these Terms, certain purchases may subject you to additional terms and conditions of these third-party vendors. You acknowledge and agree that Company has no responsibility or liability for the independent policies of these third-party vendors and that you are solely responsible for complying with such policies.

You agree to pay all fees due for Courses and/or Course access requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us and/or our third-party payment processors to charge the amount due. Retroactive discounts will not be applied to Courses or Course access already purchased.

No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Changes to Website
At any time and without notice to you, Company may change or modify the Website or Educational Courses and/or Courses access fees, or any features or functions thereof, or may suspend or discontinue the Website or Educational Products, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension, or discontinuance shall be without liability to you.

Changes to Terms; Updates
Company reserves the right to change these Terms at any time, and in its sole discretion, by changing these Terms within the Website. Your continued use of the Website after any such changes to these Terms are made available through the Website will constitute your acceptance of those changes. These Terms shall govern any updates to, or supplements, or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements, or replacements – in which case such separate terms will apply.

Support or Maintenance
Although we may choose to provide customer support or Website maintenance, you acknowledge and agree that we are under no obligation to do so.

Acceptable Use
Your permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent, or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by Company to access Website Content; (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (v) attempts to gain unauthorized access to our systems or user Accounts; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) attempts to damage, disable, or overburden our servers or networks; or (viii) fails to comply with applicable third-party terms. You must comply with all applicable third-party terms (such as wireless carrier terms of service) at all times while using the Website. Company reserves the right, in its sole discretion, to terminate the license granted to you hereunder and/or bring legal action against you if you engage in, or Company reasonably believes you have engaged in or are engaging in, use that violates these Terms. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s DMCA 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.

You may direct copyright infringement notifications to Company’s Registered Agent at:

United States Corporation Agents, Inc.

315 Hatchet Mountain Rd.

Hope, ME 04847

Email: ramanagement@legalzoom.com

Phone for all 50 states + DC: (800) 773-0888

You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) THE COST OF PROCURING MEDICAL EVALUATION; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE WEBSITE; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE WEBSITE, PRODUCTS, OR DOWNLOADS. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT COMPANY HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR PATIENT PORTAL. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST THE COMPANY.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution
Unless both parties agree otherwise, you and Company agree that any dispute, claim, or controversy you may have arising out of or relating to the Website, Educational Products (Courses), or these Terms will be resolved by binding mediation in Portland, Maine.

If binding mediation does not work, this case will escalate to mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction.

You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE WEBSITE, COURES OR CONSULTATIONS WITH OUR EMPLOYEE(S) OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITE, EDUCATIONAL PRODUCTS OR CONSULTATION WITH OUR EMPLOYEE(S), OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

If any portion of these Terms are held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, you agree that if any legal action is brought, it must be brought in Portland, Maine.
Notwithstanding the foregoing, you agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our owner, and you consent to exclusive jurisdiction and venue in such courts.

Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Website, Educational Products (Courses) or interactions with Company and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.

Lifestyle Medicine Maine LLC
info@lifestylemedicinemaine.com

Phone: 1-207-200-7319

Fax: 1-207-503-6070

Mailing

Lifestyle Medicine Maine

400 Congress Street

PO Box 7577

Portland, ME 04101

Registered Agent

United States Corporation Agents, Inc.

315 Hatchet Mountain Rd.

Hope, ME 04847

Email: ramanagement@legalzoom.com

Phone for all 50 states + DC: (800) 773-0888