Terms of Use/Disclaimers

Please read the following terms of use relating to the use of www.themillmanclinic.com, carefully. By using these site, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site.

Terms of Use

Access: Dr. Kim Millman hereby grants you a non-exclusive, non-transferable and revocable license to access the www.themillmanclinic.com solely for viewing, browsing, retrieving, uploading and posting information, as well as ordering and purchasing products on or through the www.themillmanclinic.com, subject to the terms and provisions of this Agreement.

In compliance with the Children’s Online Privacy Protection Act of 1998, this website is not intended or designed to attract children under the age of 13. We do not knowingly collect personally identifiable information via this website from visitors in that age group without the explicit consent of a parent or guardian.

Proprietary Information: You shall hold Dr. Kim Millman’s Technology in strict confidence and shall not access or disclose this Technology except as otherwise permitted under this Agreement. You hereby acknowledge and agree that Dr. Kim Millman’s Technology derives independent economic value (actual or potential) from not being generally known to other persons who can obtain economic value from its disclosure or use and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; is the subject of reasonable efforts under the circumstances to maintain its secrecy; and is a trade secret as defined under the Restatements.

Express Warranties: The information, services, products, and materials on www.themillmanclinic.com are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products. The only exception is the guarantees of satisfaction that are clearly labeled within the site. We do not make any representations regarding the use or the results of the use of the services, products, information or materials on this site in terms of their correctness, accuracy, reliability, or otherwise.

Limitation of Liability: Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on www.themillmanclinic.com, or any products or services provided pursuant to www.themillmanclinic.com, even if advised of the possibility of such damages. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing www.themillmanclinic.com.

Disclaimers

FDA: The content at www.themillmanclinic.com has not been reviewed or approved by any federal, state or local agency or healthcare organization, including (without limitation) the U.S. Federal Drug Administration or the U.S. Department of Health and Human Services.
Information: The content at www.themillmanclinic.com is not intended to replace or substitute for healthcare services you may need. Nutrition must be considered in the context of personal health and in consultation with a primary health care provider.
Disease: The content at www.themillmanclinic.com is for educational purposes only and is not intended to treat, diagnose, cure or prevent any disease.

Testimonials:

In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, you should be aware of the following:

1. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened where the testimonial was lengthy or portions were repetitive.
2. The testimonials were actually received from Dr. Millman’s patients and clients. They are individual experiences by persons who have followed her recommendations and have used her products. However, the effectiveness of her products varies depending on each client’s situation. Therefore, these testimonials and case histories reflect individual results and Dr. Millman does not claim that they are typical results you should expect to achieve.

Products: The products available at www.themillmanclinic.com include instructions, disclaimers, warranties, warnings and policy statements regarding purchase, use, replacement, delivery, disposal, application and shelf life of such products. You shall only purchase such products after carefully considering the suitability of such information in light of your personal needs and physical health, reading and abiding by all labeling and consulting with a primary health care provider.

Suitability: Nutrition must be tailored to the personal needs of each individual considering their personal physical condition and circumstances. The content at www.themillmanclinic.com has been developed for educational and general purposes only, and does not consider your personal needs, physical condition or circumstances. You shall consult a primary health care provider in considering the nutrition information at www.themillmanclinic.com including (without limitation) the applicability of such information in light of your own personal needs, physical condition and health.

Governing Law: This Agreement shall be governed by the laws of the state of California without regard to any rules of conflict or choice of laws which may require the application of laws of another state, and venue shall be San Jose, California.