PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
These Terms and Conditions ("Terms", "Terms and Conditions") apply to the www.declaw.com website ("website", the "Service") operated by Aquanta LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using this website (Service) you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. Repeat, if you do not agree to all of these terms, then do not use this website.
Aquanta LLC may review and update these Terms and Conditions of Use at any time. Your continued usage of the website/Service will mean that you accept all those changes.
All users of and/or visitors to this website represent and warrant that they are of 18 years of age or older and possess the legal right and ability to agree to this Agreement and to use this website in accordance with these Terms and Conditions.
Disclaimer: This Website Does Not Provide Medical Advice
The contents of this website, including but not limited to graphics, images, text, or any other information obtained or provided herein, (hereafter referred to as "Content") are for informational purposes only. The Content is not intended to replace or be used as professional medical advice, diagnosis, or treatment. If you have questions about a medical condition or require medical advice, always seek the advice of your physician or other qualified healthcare provider. Do not ignore or delay seeking professional medical advice, diagnosis, and/or treatment because of something you have read or viewed on this website. If you think you may have a medical emergency, call your doctor or 911 immediately. This website does not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Aquanta LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This affiliate disclosure details the affiliate relationships of Aquanta LLC with other companies and products.
Some of the links are "affiliate links", a link with a special tracking code. This means if you click on an affiliate link and purchase the item, we will receive an affiliate commission.
The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to our readers.
By using the affiliate links, you are helping support the Service, and we genuinely appreciate your support.
Affiliate advertising programs that the Service uses are:
Amazon Services LLC Associates Program
Aquanta LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com.
Pages on this Service may include affiliate links to Amazon and its affiliate sites on which the owner of this Service, Aquanta LLC, will make a referral commission.
The use of, and access to, this website and the Content is completely voluntary and at the sole risk of the user. When using the website, information is transmitted by means, channels, and intermediary vehicles that may be beyond the control of the website or the website owner, Dr. Christianne Schelling, and her agents/associates (hereafter referred to collectively as "us" or "we"). We assume no liability for or related to any Content, and/or the corruption, delay, or failure of any data or information transmitted or used in connection with the Content and the website.
Reliance on any information provided by the Content is at your own risk. Because the purpose of the Content is informational only, and does not target any specific user, it does not constitute "doing business" or "soliciting business" or "establishing minimum contacts" by us or our affiliated companies under any jurisdiction.
The website and the entirety of the Content are provided on an "as is" basis. WE, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY ACTION TAKEN BASED ON RELIANCE UPON THE CONTENT CONTAINED OR PROVIDED ON THE WEBSITE. Without limiting the foregoing, we, and our suppliers make no representations or warranties about the following:
In no event shall Aquanta LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. We, and our suppliers, and any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the website or Content.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Aquanta LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Aquanta LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Aquanta LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aquanta LLC.
Sole and Exclusive Remedy
The sole and exclusive remedy for dissatisfaction with the services of this website will be to stop using the website.
The website and the Content may contain health or medical-related materials that are of a sexual nature. If you find these materials offensive, you may not want to use our website.
You should be aware that this website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Copyright and Use of Content
We authorize you to view or download a single copy of material on the website solely for your personal, noncommercial use only if you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Any other rules for the use of other items accessible on the website may be included elsewhere within the website and are incorporated into these Terms and Conditions by reference herein.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with us. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice. All rights not expressly granted herein are reserved to us.
Violation of any of these Terms and Conditions terminates your permission to use the Content automatically and you must immediately destroy any and all copies, downloads, or prints you have made of any of the Content.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property rights, including copyrights, of others. To that end, it is our policy to pay for and utilize Copyscape services to detect plagiarism by our content providers. In addition, we have adopted policies in accordance with the Digital Millennium Copyright Act.
If you believe that your work has been copied and is accessible on this website or any website we own in a way that creates copyright infringement, please contact us immediately to report suspected infringement following the instructions outlined in the Digital Millennium Copyright Act Notice immediately following this section, which contains the address of our Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent").
Digital Millennium Copyright Act Notice.
In accordance with the Digital Millennium Copyright Act we have adopted the following general policy toward copyright infringement. Upon notification of suspected copyright infringement and investigation, it is our policy to:
If you believe that Content residing on or accessible through this website or any of our websites infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail AND by e-mail to:
Name: Aquanta LLC
Address: 39685 Sierra Drive P.O. Box 58 Three Rivers, CA 93271
Notification must include the following information, as outlined in the Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code:
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you would like to send us a counter notice with intention to dispute any infringement notification received by us, please send it by facsimile or regular mail to:
Counter Notice Agent
Name: Aquanta LLC
Address: 39685 Sierra Drive P.O. Box 58 Three Rivers, CA 93271
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You agree that you will not upload or transmit any content of any type that infringes or violates any rights of any party (including trademark, copyright, privacy or any other rights of any other person) or that is in violation of any local, state, federal, or international laws. Never post a picture, sound recording, or video of or with someone else unless you have their explicit permission. We reserve the right and it is within our sole discretion to remove any material from the website at any time without prior notice.
If you submit any business information, idea, communication, or invention to us or the website by email, you agree such submission is non-confidential for all purposes. By submitting any or all material to us or the website you grant us the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form.
Users will indemnify us and any of our affiliate or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by any third party relating to use of the website, or any breach or violation of this Agreement or any other term or condition contained on the website.
You agree that you will not upload any material that contains software viruses or any other computer code, files, videos, or programs designed to limit the functionality in any way of any computer software or this website.
If you believe any Content on the website infringes your copyright, you may request removal of those materials (or access thereto) from this web site by contacting us and providing a copy of the work and a copy of the URL or ISBN location of an authorized version of the work, or any other pertinent details that will allow us to verify your claim. You must also include your name, address, telephone number and (if available) e-mail address.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by Aquanta LLC.
Aquanta LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Aquanta 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 use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. We encourage you to periodically review these Terms and Conditions for the latest information. If you do not agree to the new terms, you are no longer authorized to use the Service.
You agree to defend, indemnify and hold harmless Aquanta LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Last Updated: July 28, 2020