Terms of Use

Last updated June 01, 2019

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity

("you") and Dr. Sarah Lowenthal ("“Company’, “we’, “us”, or “our’), concerning your access to and use of the

https:/Avww.drsarahlowenthal.com website as well as any other media form, media channel, mobile website or mobile

application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you

have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF

THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly

incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these

these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to

periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been

made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the

date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or

country where such distribution or use would be contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations

do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they

reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to

use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you

using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software,

website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks,

service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected

by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United

States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS" for

your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no

Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our

express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or

print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial

use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms

of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you

have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means,

whether through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your

use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate

your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be

used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection,

compilation, database, or directory without written permission from us.

2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic

or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false

pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Site.

4. Use the Site to advertise or offer to sell goods and services.

§. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or

restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained

therein.

6. Engage in unauthorized framing of or linking to the Site.

7. Trick, defraud, or mislead us and other users, especially in any attempt to leam sensitive account information such as

user passwords.

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data

mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11. Attempt to impersonate another user or person or use the username of another user.

12. Sell or otherwise transfer your profile.

13. Use any information obtained from the Site in order to harass, abuse, or harm another person.

14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-

generating endeavor or commercial enterprise.

15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to

you.

16. Delete the copyright or other proprietary rights notice from any Content.

17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

18. Use the Site in a manner inconsistent with any applicable laws or regulations.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the

Site (‘Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive

rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these

Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby

waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or

that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual

infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites") as well as articles,

photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or

items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party

Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not

responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through,

or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other

policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or

installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If

you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at

your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and

policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any

applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other

websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are

exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or

services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such

products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you

relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate

legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,

limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content

that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of the Site.

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site,

which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the

Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data

collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site,

you are transferring your data to the United States, and you expressly consent to have your data transferred to and

processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly

market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual

knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable

parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER

PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT

NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),

TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE

LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT

OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion

without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or

discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification,

price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or

need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You

agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use

the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to

maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are govemed by and construed in accordance with the laws of the State of

California applicable to agreements made and to be entirely performed within the State of California, without regard to its

conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a

“Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the

Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least

thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the

other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly

excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS

PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be

commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,

where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of

which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be

governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be

conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing,

but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and

any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or

applicable law, the arbitration will take place in United States County, California. Except as otherwise provided herein, the

Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter

judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the

State and federal courts located in United States County, California, and the Parties hereby consent to, and waive all

defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and

federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the

Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that

portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that

court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent

permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute

to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any

Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and

binding arbitration: (a) any Disputes seeking to enforce or protect, or conceming the validity of, any of the intellectual property

rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized

use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect

to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall

be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit

to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions,

pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and

to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND

OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,

WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR

COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE

WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF

OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION

STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY

ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,

OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR

SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY

ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY

FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,

INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF

THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers,

agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms

of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights

of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the

Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume

the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at

your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as

data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all

data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from

any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to

receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR

COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic

records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of

Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Bivd., Suite N 112,

Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire

agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of

Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by

law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any

loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a

provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these

drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and

the lack of signing by the parties hereto to execute these Terms of Use.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us

at:

Dr. Sarah Lowenthal

655 Redwood Hwy

Suite 364

Mill Valley, CA 94941

United States

Phone: 415-569-4918

info@drsarahlowenthal.com