Nuvoforheadlice.com Terms of Use
Welcome. This web site is provided by Dr. Dale
Pearlman and his associates for informational purposes and any
information provided on this web site does not constitute medical
advice or recommendation for treatment. By visiting or using Dr.
Pearlman’s site (Nuvoforheadlice.com) or other Nuvo services
(“Nuvo Services” or “Services”), you agree to be bound by the
following terms and conditions (the "Terms of Service" or
“Terms”). The Nuvo Services contain many web pages (“Content
Pages”).
The directions for the Nuvo® method treatment for
head lice using Cetaphil® Gentle Skin Cleanser on this web site
Are informational purposes only AND DO NOT CONSTITUTE MEDICAL
ADVICE OR RECOMMENDATION FOR TREATMENT.
While Cetaphil Gentle Skin Cleanser is legally sold
as a cleanser in the U.S.A., it does not have the approval of the
United States Food and Drug Administration for use as a treatment
for head lice.
The Cetaphil Gentle Skin Cleanser is formulated to
be gentle and safe but may sting if it gets in the eyes. Suitable
care is needed to prevent contact with the eyes. While no other
adverse effects or reactions are anticipated, they are always a
possibility.
You understand and agree to hold Dr. Dale Pearlman
and his associates harmless in the event of unsuccessful results
or any harmful side effects.
You understand that the Nuvo method for treating
and diagnosing head lice has not been evaluated or approved by the
U.S. Food and Drug Administration. Cetaphil® is a trademark of
Galderma Laboratories, L.P. United States, which has not reviewed
or endorsed the material on this web site.
Acceptable Use of Nuvo Services
Your use of Nuvoforheadlice.com means you
agree to the following acceptable use policies:
Personal Use Only:
The Nuvo Services are made available for your
personal, non-commercial use only (using the Nuvo Service from
work is allowed). You may not use the Nuvo Services to sell a
product or service, or to increase traffic to your Web site for
commercial reasons, such as advertising sales. You may not
reformat and display, or mirror the Nuvo home page or internal
pages on your Web site. You may not "meta-search" Nuvo. If you
want to make commercial use of the Nuvo Services, you must enter
into an agreement with Nuvo to do so in advance. Please contact us
for more information.
Children:
This web site is not intended for or directed to children under
the age of 13 and does not and will not collect personal
information from children under 13.
Privacy Policy:
This web site does not accept or collect personal
information through this web site. If you communicate with us via
email, you consent to our responding to communications from you
via this method or others and our use of email as a means to
communicate with you for any matter.
Acceptable Content:
This web site may only be used for lawful purposes by users. You
may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of an e-mail or
other content.
It is our policy to respond to notices of alleged
copyright infringement that comply with the Digital Millennium
Copyright Act. Please click here to
see our notice and procedure for copyright infringement claims.
“Bots”, hacking and other applications:
Users of this web site agree not to use any web
robots (‘bots’), web crawlers, data-mining, or similar
applications to submit links to, post on, gather and extract data
from, or otherwise use this web site. You may not attempt to gain
unauthorized access to any Nuvo Services, computer networks
through hacking, password mining or any other means.
Nuvo Proprietary Rights
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Dr.
Dale Pearlman or his associates or content suppliers and protected
by United States and international copyright and other
intellectual property laws. The compilation of all content on this
site is the exclusive property of Dr. Dale Pearlman and protected
by U.S. and international copyright laws.
If you submit material, and unless we indicate
otherwise, you grant Dr. Dale Pearlman and his affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content throughout the world in any media.
International Users
This
web site is controlled and operated from the United States. This
web site makes no representation that content on this site is
appropriate or available for use in other locations, and access to
this web site’s content from territories where it is illegal is
prohibited. You agree to comply with all local rules regarding
online conduct and acceptable content.
Applicable Law
These Terms of Service will be governed by and
construed in accordance with the laws of the State of California,
without regard to conflicts of law principles. Any disputes
arising out of or relating to the use of this web site or the Nuvo
Services shall be brought exclusively in the state or federal
courts in Santa Clara County, California.
DISCLAIMER OF WARRANTIES
Information obtained on this web site should not be
relied upon for medical or health decisions and you should consult
with an appropriate professional for specific advice tailored to
your situation. This Service is not a physician or other health
provider referral service. This Service does not endorse, and
disclaims all responsibility for, the professional qualifications
and licensing of, and services provided by any physician or other
health provider.
BY USING THIS WEB SITE YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
THE NUVO SERVICES, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE NUVO SERVICES ARE PROVIDED
"AS IS," WITH NO WARRANTIES WHATSOEVER.
Dr. Dale Pearlman and his associates
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
While the Nuvo method has been effective for
patients with head lice under the care of Dr. Dale Pearlman at his
office, dr. DALE pearlman and his associates offer no warranty about
its usefulness for those not under his direct care.
Dr. Dale Pearlman and his associates
DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE NUVO SERVICES OR THROUGH ANY LINKS
PROVIDED IN THE NUVO SERVICES.
DR. DALE PEARLMAN
and his associates
DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE NUVO SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE NUVO SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL Dr.
Dale Pearlman or his associates BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE
OF, RELIANCE ON, OR THE INABILITY TO USE THIS SITE, OR FROM THE
INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE
NUVO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES),
EVEN IF DR. PEARLMAN, THIS WEB SITE OR ITS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ADVICE,
INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON
THE NUVO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
NUVO SERVICES.
EXCLUSIONS AND LIMITATIONS
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.
Severability, Assignment & Indemnity
If for any reason a court of competent jurisdiction
finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will continue
in full force and effect.
By using the Nuvo Services, you agree to indemnify
and hold Dr. Dale Pearlman and his associates, his successors and
assigns, harmless for any violation or against any third party
claim, damages or demand, including reasonable attorneys’ fees,
relating to or arising out of your violation of these Terms, or
your violation of any rights of another party.
Changes in Terms and Conditions and Nuvo Services
We may modify or terminate our Services from time
to time, for any reason, and without notice, without liability to
you, any other user or any third party. We reserve the right to
revise these Terms of Service from by updating this posting.
Please review these Terms of Service from time to time so that
you will be apprised of any changes.
Notice and Procedure for Making Claims of Copyright
Infringement
If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide Dr.
Dale Pearlman’s copyright agent the written information specified
below. Please note that this procedure is exclusively for
notifying Nuvo and its affiliates that your copyrighted material
has been infringed.
