Welcome to drandreiaw.com. Dr. Andreia (“Company”, “we,” “us,” or “our”) invites you to access and use our website (the “Website”). We provide visitors to our Website (“Visitors, “User” “You” or “Your”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy at
https://drandreiaw.com/privacy-policy/, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website. Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.
- DEFINITIONS
A. Content:
“Content” means text, images, photos, audio, video, location data,
and all other forms of data or communication. “Your
Content” means Content that you submit or transmit to, through,
or in connection with the Website, such as comments, ratings,
reviews, compliments, invitations, check-ins, messages, and
information that you publicly display or displayed in your account
profile. “User Content” means Content generated by anyone other
than Company or Third Party. Company Content” means Content
that we create and make available in connection with the
Website. “Third Party Content” means Content that originates
from parties other than Company or its users, which is made
available in connection with the Website. “Website
Content” means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and Company Content.
2. USE OF WEBSITE
A. Eligibility:
To access or use the Website you must be 18 years or older and
have the requisite power and authority to enter into these Terms.
You may not access or use the Website if you are a competitor of
ours or if we have previously banned you from the Website.
B. Permission to Use the Website:
We grant you permission to use the Website subject to the restrictions
in these Terms. Your use of the Website is at your own risk, including
the risk that you might be exposed to Content that is inaccurate,
objectionable, other wise inappropriate.
C. Website Availability:
The Website may be modified updated, interrupted, suspended or
discontinued at any time without notice or liability. Company
assumes no responsibility for your ability to (or any cost associated
with your ability to) access our communication or personal settings.
3. FEES, PAYMENT, AND REFUNDS
As consideration for any purchase you make on the Website, you shall pay Company all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card
you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
We do not offer refunds on downloadable purchases.
RESTRICTIONS
You agree not to, and will not assist, encourage, or enable others to use the Website to:
A. Violate any third party’s right including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
B. Promote a business or commercial venture or event, or otherwise use the Website for commercial purposes, except in connection as expressly permitted by Company.
C. Violate any applicable law.
We are under no obligations to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- INTELLECTUAL PROPERTY
Certain names, logos and or phrases on the Website constitute
trademarks and or copyrights of Company or others. The content of
this Website, including but not limited to all the writing on the
Website are owned by Company or third parties. The Content is
protected under both United States and foreign laws. Unauthorized
use of the Content may violate copyright, trademark, and other laws.
Nothing on the Websites should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use the
Trademarks, without our prior written permission specific for each
such use.
Material that is protected by copyright or trademark not be used
without permission from the copyright/trademark owner. Since the
Internet makes it so easy to infringe on someone’s intellectual
property, it is impossible for us to know if your uploading represents
infringement. You are responsible for the material you post on the
Website and will be held legal responsible for the copyright and or
trademark infringement.
Use of the Trademarks as part of a link to or from any site is
prohibited unless establishment of such a link is approved in advance
by us in writing. All goodwill generated from the use of Company
Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark,
unfair competition, and other state and federal laws and may not be
copied or imitated in whole or in part, by any means, including, but
not limited to, the use of framing or mirrors. None of the Content may
be retransmitted without our express, written consent for each and
every instance. - COMMUNICATIONS WITH US
Although we encourage you to communicate us, we do not want you
to, and you should not, send us any content that contains confidential
information. With respect to all emails and communications you send
to us, including, but not limited to, feedback, questions, comments,
suggestions, and the like, we shall be free to use any ideas, concepts,
know-how, or techniques contained in your communications for any
purpose whatsoever, including but not limited to, the development,
production, and marketing of products and services that incorporate
such information without compensation or attribution to you. - LIMITED LICENSE
Company grants you a nonexclusive, nontransferable, revocable
license to access and use our Website and Services strictly in
accordance with this Agreement. Your use of our Website and
Services is solely for internal, personal, noncommercial purposes
unless otherwise provided for in this Agreement. No printout or
electronic version of any part of our Website or Services may be used
by you in any litigation or arbitration matter whatsoever under any
circumstances. - OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint
venture, or employee-employer or franchisor-franchisee relationship
between you and Company. - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Website or in the
Product/Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information or cancel orders if
any information in the Product/Service or on any related website is
inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should
be taken to indicate that all information in the Service or on any
related website has been modified or updated. - TERMINATION
Notwithstanding any of these Terms, Company reserves the right,
without notice and in its sole discretion, to terminate your license to
use the Services, and to block or prevent your access to use of the
Services. Company reserves the right to refuse service to anyone for
any reason at any time. In the event of termination of access to the
Services for any reason, you have no right to obtain a copy of any data
or communication you stored or effected via the Services, or any other
data. - COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims
concerning whether the Content may be downloaded, viewed, or be
appropriate for use outside of the United States. If you access the
Websites or the Content from outside of the United States, you do so
at your own risk. Whether inside or outside of the United States, you
are solely responsible for ensuring compliance with the laws of your
specific jurisdiction. - ENTIRE AGREEMENT
These terms constitute the entire agreement between you and
Company with respect to the subject matter of these Terms, and
supersede and replace any prior version of the Terms. These Terms
create no third-party beneficiary rights. - WARRANTY DISCLAIMER
Company is not responsible or liable in any manner for any Content
posted on our Website or in connection with our Services, whether
posted or caused by Users of our Website, or by Company. Although
we provide rules for User conduct and postings, we do not control and
are not responsible for what Users post, transmit, or share on our
Website or Services, and are not responsible for any offensive,
inappropriate, obscene, unlawful, or otherwise objectionable content
you may encounter using our Website or Services. Company is not
responsible for the online or offline conduct of any User of our
Website or Services.
Our Website or Services may be temporarily unavailable from time to
time for maintenance or other reasons. Company assumes no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft
or Company is not responsible for any technical malfunction or other
problems of any telephone network or service, computer system,
server or provider, computer or mobile phone equipment, or software,
or for any failure of email on account of technical problems or traffic
congestion on the Internet, or for any combination thereof – including
injury or damage to Users’ or any other person’s computer, mobile
phone, or other hardware or software – related to or resulting from
the use or downloading of materials in connection with our Website or
Services, including, without limitation, any software provided through
our Website or Services.
Under no circumstances will Company be responsible for any loss or
damage, including any loss or damage, personal injury, or death
resulting from anyone’s use of our Website or Services, or any
interactions between Users of our Website or Services, whether
online or offline.
Reference to any products, services, processes, or other information
by trade name, trademark, manufacturer, supplier, or otherwise does
not constitute or imply endorsement, sponsorship, recommendation,
or any affiliation with our Website by third parties or by any of the
equipment or programming associated with or utilized by our
Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR
THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’,
WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES
ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS, OR OTHER LIMITATIONS.
COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY
WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES.
COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR
SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED
SOFTWARE. COMPANY DOES NOT REPRESENT OR WARRANT
THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND
WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION
IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR
SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR
LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW
ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED
SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT
AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR
SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO
YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA,
OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL
OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND COMPANY.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY
WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT. - LIMITATION OF LIABILITY
IN NO EVENT WILL USER OR ITS DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR
WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE
ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR
SERVICES, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR
WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS
MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY. - USER CONDUCT
User may post their content to our Website through our Services
(User Content). Users and Visitors understand that by using our
Website or Service, they may be exposed to content that is offensive,
indecent, or objectionable. We have no control over User Content and
do not in any way guarantee its quality, accuracy, or integrity.
Company is not responsible for the monitoring or filtering of any User
content. Should any User Content be found illegal, we will submit all
necessary information to relevant authorities.
If any User Content is reported to Company as being offensive or
inappropriate, we may ask the User to retract or otherwise modify the
questionable content within 24 hours of being notified by Company. If
the User fails to meet such a request, User has full authority to
restrict the User’s ability to post User Content without further notice
to the User.
Without limiting the foregoing, we have sole discretion to remove any
User Content that violates this Agreement or that is otherwise
objectionable in our sole discretion. Users are responsible for
complying with all applicable federal and state laws for their content,
including copyright and trademark laws. Users will respect copyright
and trademark laws.
You warrant that you will not use our Services to infringe on the
intellectual property rights of others in any way. In accordance with
the DMCA and other applicable law, we have adopted a policy of
terminating Users whom we deem, in our sole discretion, to be
infringers of others’ intellectual property rights.
As a User, you agree not to use our Services to do any of the
following:
Upload, post, or otherwise transmit any User Content that:
(a)Violates any local, state, federal, or international laws
(b)Infringes on any patent, trademark, trade secret, copyright, or
other proprietary rights of any party
(c) Harms, threatens, defames, promotes violence or illegal
activities, or is otherwise vulgar, obscene, abusive, harassing,
tortuous, libelous, invasive of another’s privacy, hateful, or
racially, ethically, or otherwise objectionable
(d)Links directly or indirectly to any materials to which you do not
have a right to link
(e)Contains any private information of any third party, including,
without limitation, addresses, phone numbers, email addresses,
Social Security numbers, and credit card numbers
(f) 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, or to extract information from
our Website or Services
(g)Contains any unsolicited or unauthorized advertising,
solicitations, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation
(h)In the sole judgment of Company is objectionable or restricts or
inhibits any other person from using or enjoying our Website or
Services, or which may expose us, our affiliates, or our Users to
any harm or liability of any type
Use our Content to:
(i) Develop a competing website
(j) Create compilations or derivative works as defined under United
States copyright laws
(k)Redistribute it in any manner, including, but not limited to, sale,
license, lease, rental, subscription, or any other distribution
mechanism
(l) Decompile, disassemble, or reverse engineer our Website,
Services, and any related software
(m) Use our Website or Services in any manner that violates
this Agreement or any local, state, federal, or international laws - SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable,
that portion will be construed consistent with applicable law and the
remaining portions will remain in full force and effect. To the extent
that any Content is in conflict or inconsistent with this Agreement,
this Agreement will take precedence. Our failure to enforce any
provision of this Agreement will not be deemed a waiver of such a
provision, nor of the right to enforce such a provision. Our rights
under this Agreement will survive any termination of this Agreement. - TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or
terminate this Agreement and your access to all or any part of the
Websites, at any time and for any reason without prior notice or
liability. We reserve the right to change, suspend, or discontinue all or
any part of the Websites at any time without prior notice or liability.
The following sections shall survive any termination of this
Agreement: “Fees and Payment” (until you pay all fees and taxes due
hereunder), “Intellectual Property,” “Registered User Content;
Licenses,” “Communications with Us,” “No Warranties; Limitation of
Liability,” “Representations; Warranties; and Indemnification,”
“Termination of the Agreement,” “Controlling Law,” “Equitable
Relief,” and “Miscellaneous.” - DIGITAL MILLENNIUM COPYRIGHT ACT
Company respects the intellectual property rights of others and
attempts to comply with all relevant laws. We will review all claims of
copyright infringement received and remove any Content deemed to
have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the
“Act”) for the receipt of any Notification of Claimed Infringement
which may be given under that Act is as follows:
DrAndreiaW@gmail.com
If you believe that your work has been copied on the Websites in a
way that constitutes copyright infringement, please provide our agent
with notice in accordance with the requirements of the Act, including
(i) a description of the copyrighted work that has been infringed and
the specific location on the Websites where such work is located; (ii) a
description of the location of the original or an authorized copy of the
copyrighted work; (iii) your address, telephone number and email
address; (iv) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or
the law; (v) a statement by you, made under penalty of perjury, that
the information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf;
and (vi) an electronic or physical signature of the owner of the
copyright or the person authorized to act on behalf of the owner of the
copyright interest. - JURISDICTION OF LAW
The laws of the State of Alabama will apply to any dispute arising out
of or relating to these Terms or the Services. All claims arising out of
or relating to these Terms or the Services will be litigated exclusively
in the state of federal courts of Alabama and you and Company
consent to personal jurisdiction and exclusive venue in such courts. - EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or
threatened violation of our intellectual property rights and
confidential and proprietary information by you, we will suffer
irreparable harm and will therefore be entitled to injunctive relief to
enforce this Agreement. We may, without waiving any other remedies
under this Agreement, seek from any court having jurisdiction any
interim, equitable, provisional, or injunctive relief that is necessary to
protect our rights and property pending the outcome of the
arbitration referenced above. You hereby irrevocably and
unconditionally consent to the personal and subject matter
jurisdiction of the federal and state courts in the State of Alabama for
purposes of any such action by us. - MISCELLANEOUS
Our failure to act on or enforce any provision of the Agreement shall
not be construed as a waiver of that provision or any other provision
in this Agreement. No waiver shall be effective against us unless made
in writing, and no such waiver shall be construed as a waiver in any
other or subsequent instance. Except as expressly agreed by us and
you in writing, this Agreement constitutes the entire Agreement
between you and us with respect to the subject matter, and
supersedes all previous or contemporaneous agreements, whether
written or oral, between the parties with respect to the subject
matter. The section headings are provided merely for convenience
and shall not be given any legal import. This Agreement will inure to
the benefit of our successors, assigns, licensees, and sublicensees