Terms of service.

 https://www.drbrucepereira.com/new-page

LAST UPDATED: 29 June 2023

General

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Service (these “Terms”) form a legally binding agreement between you and the entity you represent (the “you” or “your”) and Dr. Bruce Pereira (“our,” “us,” or “we”) (each, a “Party” and collectively, the “Parties”). These Terms govern your use of our website (the “Site”).  You will be required to click accept these Terms in order to use the Site.  By accessing and continuing to use the Site you acknowledge and agree that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which shall be incorporated herein by this reference, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  If you do not agree to the Terms, do not use the Site.  

These Terms may be changed, modified, supplemented or updated by us from time to time without advance notice, and the updated terms may be posted on the Site, and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Site after such changes are posted; provided, however, we may provide notice by means of conspicuous alert or notification displayed on the Site in the case of material revisions. You are encouraged to review the Site and these Terms periodically for updates and changes.  

Disclaimer

OUR CONTENTS AND SERVICES ON THE SITE (INCLUDING TEXT, IMAGES, LINKS, RESOURCES, AND BLOG POSTS) ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING ON THIS SITE OR THE UNDERLYING SERVICES SHOULD BE CONSTRUED AS LEGAL, FINANCIAL, TAX, MEDICAL, OR ANY OTHER KIND OF PROFESSIONAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THIS SITE IS SOLELY AT YOUR OWN RISK.  

The Site

In order to access and use some of the Site, you may be required to provide certain personally identifiable information, the use of which is governed by our Privacy Policy. You agree that any information provided by you is accurate, current, and complete and will be kept accurate, current, and complete when using the Site. You acknowledge that any outdated, incomplete, or inaccurate information provided by you may adversely affect the performance of the Site. We may suspend, revoke, or terminate your access to the Site for any reason or no reason at any time in our sole discretion without prior notice to you.

Prohibited Uses

In connection with your use of the Site, you agree that you will not:

  • Upload or transmit any message, information, data, text, software, or images, including, without limitation, any content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

  • Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Dr. Bruce Pereira representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  • Upload or transmit any material, including, without limitation, any content, that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); 

  • Upload or transmit any files or material, including, without limitation, any content, that contains viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Site, another’s computer, or property of another;

  • Delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; 

  • Violate any applicable laws;

  • Upload or transmit any material that infringes or misappropriates the intellectual property rights of any third party;

  • Delete or revise any material posted by any other person or entity;

  • Manipulate or otherwise display the Site by using framing, mirroring, or similar navigational technology or directly link to any subdomain of the Site; 

  • Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;

  • Register, subscribe, or unsubscribe or attempt to register, subscribe, or unsubscribe, any individual or entity for any services offered on the Site without express authorization from such individual or entity;

  • Harvest or otherwise collect information about others, including e-mail addresses; or

  • Use any robot, spider, scraper, or other automated or manual means to access this Site or copy any content or information on the Site.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access to the Site. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right at all times to disclose any information as we deem necessary to satisfy applicable laws, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the our sole discretion. 

Third Party Links

The Site may contain links to certain third-party sites. These sites are not under our control. In addition, third-party sites may contain links to our Site. We are not responsible or liable for, and make no representations or warranties concerning, the content or material of any such third-party sites. The fact that the Site contain a link to any third-party site, or that a third-party site has provided a link to this Site, does not constitute an endorsement, authorization, sponsorship, or affiliation between us and such third-party site’s owners, operators, or maintainers. You acknowledge that any services, content, material, or information provided through such third-party sites are accessed at your own risk. We are not responsible or liable for, and make no representations or warranties with respect to, any particular information, software, products, services, or content found on any linked third-party sites, including, without limitation, the appropriateness of any products, services, or transactions described therein.

No Guarantees

WE MAKE NO GUARANTEES IN REGARD TO ANY OF THE RECOMMENDATIONS OR ADVICE GIVEN ON THE SITE OR WITHIN THE SERVICES OFFERED ON THE SITE. WHILE THE ADVICE PROVIDED MAY HAVE WORKED FOR US OR OTHERS, THERE IS NO GUARANTEE THAT IT WILL ALSO WORK FOR YOU, OR THAT IF YOU DO THE EXACT SAME STEPS, YOU WILL SEE THE SAME RESULTS. PLEASE USE AND IMPLEMENT THE ADVICE AT YOUR OWN RISK.

Ownership.

Ownership of the Site and underlying services.  Unless otherwise expressly stated, the Site and all content and services appearing therein (including the compilation, collection, arrangement, placement, and assembly of all content) is the copyrighted work of us and/or our third-party content providers and is protected by U.S. and international copyright laws. Any unauthorized use of any content may violate copyright laws, trademark laws, laws of privacy and/or publicity, and any other applicable laws. We do not represent or warrant that your use of any content or the Site will not infringe upon the rights of any third-party.

Representations; Warranties

Your Representations. You represent, warrant, and covenant (as applicable) that your use of the Site and any content available therein will be in compliance with all applicable laws.

No Warranty; Performance of the Site. THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. WE MAKE NO, AND HEREBY DISCLAIM ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR SERVICE OFFERED THEREIN, OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE, LOSS OF DATA OR RESULTS OF USE OF THE SITE OR SERVICES OFFERED THEREIN. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE SITE WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED. FURTHER, WE MAKE NO, AND HEREBY DISCLAIM ANY, EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCTS, GOODS, MATERIALS, OR SERVICES BOUGHT OR SOLD THROUGH LINKS IN THE SITE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, NONINFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.

Indemnities

You shall defend, indemnify, and hold harmless (including from and against reasonable attorneys’ fees, court costs, and damages awarded by a court of competent jurisdiction) us and our directors, officers, employees, representatives, agents, and assigns for and against any claims, actions, or proceedings (collectively, “Claims”) relating to or arising out of your use of the Site and underlying services requested, any willful misconduct, or any breach of these Terms.

Limitations and Disclaimers.

Consequential Damages Waiver and Limitation of Liability.  EXCEPT WITH RESPECT TO: (A) YOUR INDEMNIFICATION OBLIGATIONS AS SET OUT IN THESE TERMS; OR (B) DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, ANY COSTS OR EXPENSES IN CONNECTION WITH THE REPLACEMENT OF ANY PRODUCTS, GOODS, MATERIALS, ,OR SERVICES BOUGHT OR SOLD THROUGH THE LINKS IN THE SITE, OR ANY OTHER LOSSES, LOST PROFITS, LOSS OF DATA, OR OPPORTUNITY COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL WE BE LIABLE TO THE YOU FOR ANY AMOUNTS IN EXCESS OF FIFTY ($50.00) USD.  THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E., THE EXISTENCE OF MORE THAN ONE (1) CLAIM WILL NOT ENLARGE THIS LIMIT). 

Miscellaneous.

Notice. All notices, requests, demands, and other communications required or permitted to be given under these Terms shall be given via the Site or via any contact information given directly by you.

Entire Agreement. These Terms and any additional policies or terms referenced herein or hereinafter created, all of which are incorporated herein by this reference, constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersede any prior negotiations, understandings, or agreements.

Assignment. No Party may assign its rights or delegate its obligations under these Terms without the prior written consent of the other Party, and any attempted assignment or delegation without such consent will be void and of no effect.  

Governing Law. These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Delaware.  

Non-Waiver; Breach. Any waiver of any term and condition hereof must be in writing and signed by the Party against whom it is sought to be asserted.  A Party’s neglect or failure in any case or circumstance to require performance of another Party’s obligations or to enforce its rights in the event of a breach by the other Party will not affect such Party’s right to enforce such rights and obligations in any other case or circumstance.  A waiver of any individual term or condition will not be construed as a waiver of any other term or condition nor, unless so provided in such written waiver, of the term or condition thereby waived in the event of a future or continuing breach by the other Party, except in the particular circumstances in or for which such waiver was provided.

Severability. In the event any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason and in any respect, such invalidity, illegality, or unenforceability shall in no event affect, prejudice, or disturb the validity of the remainder of these Terms, which shall be and remain in full force and effect.

Contact Us

If you have any specific questions about this Terms, you may Contact Us online, email us at bruce@drbrucepereira.com