DrDolgoff.com

TERMS OF USE

Welcome to Dr. Dolgoff’s Weigh Website (the “Website”). This Website is owned and operated by the Joanna Dolgoff, MD, PC (“DR. DOLGOFF”, “We” “Us”) out of its offices in Nassau County, New York.

Dr. Dolgoff, its managers, members, staff, employees, representatives, nutritionists and other personnel involved with the creation, production, execution and dissemination of this Website, content, database, marketing initiatives, products and services will be collectively referred to herein as the “Personnel”.

By visiting this Website you agree to follow and to be bound by the most recent version of the Terms of Use (“Terms of Use”) and DR. DOLGOFF’s Privacy Policy. If you do not wish to be bound by these Terms of Use, please do not use, visit or browse the Website. If you have any questions regarding the Terms of Use please contact DR. DOLGOFF at info@drdolgoff.com.

Privacy Policy
DR. DOLGOFF respects the privacy of its users (“User”, “You”). The terms of DR. DOLGOFF’s Privacy Policy, are incorporated herein by reference. Please review the Privacy Policy.

ACCESSIBILITY
This Website is intended for users who are of the age 18 or older.

PARENTAL OR GUARDIAN PERMISSION
This Website may not be appropriate for children. We do not knowingly collect information from any person under the age 13. If under the age of 18 each visitor will be asked to provide confirmation that their parent’s have consented to their use of the Website which may include disclosure of their parent or guardian’s email address so we can verify their consent. We strongly recommend that children under the age of 18 ask for their parent’s or guardian’s consent before viewing this Website and urge all parents and guardians to participate in their children’s exploration of the Internet and to teach them about protecting their personal information.

Applicability
This Website is intended to be useful to its viewers and provide healthful information by way of e-mails, newsletters, direct response, and other services and products. The Website is run by DR. DOLGOFF in the State of New York. We make no representation that the materials and content of this Website are appropriate or available for use outside the United States. Visitors from outside the United States are responsible for compliance with all applicable local laws.

INTELLECTUAL PROPERTY
All content, graphics, text, recipes, nutritional plans, information, logos, trademarks, service marks and taglines displayed, posted on or provided via DR. DOLGOFF’s Website, including, but not limited to “Dr. Dolgoff’s Weigh” and the “Traffic Light Nutrition Plan” are protected by copyrights, trademarks, trade dress, trade secrets, or other proprietary and intellectual property rights and is either owned by or licensed by DR. DOLGOFF. The rights to the content are protected in all forms, media and technologies existing now or hereinafter developed. All content is copyrighted as a collective work under the U.S. copyright laws, and DR. DOLGOFF is the exclusive owner of the compilation of the content including, copyrights in its selection, coordination, arrangement, and enhancement.
You may view the material on DR. DOLGOFF’s Website on any single computer for your personal and non-commercial purposes only and for these purposes you may utilize select portions of the content if you provide the appropriate copyright notices, trademark legends or other proprietary notices. You may not use, disseminate, reproduce, modify, edit, remove, delete, augment, publish, transmit, transfer, upload, post or in any way exploit the content, in whole or in part, without express written consent by the intellectual property rights owners. In addition, use of any software content shall be governed by the software license agreement accompanying such software. If you want to disseminate, reproduce or modify the content, please contact DR. DOLGOFF to negotiate a license or for a referral to the rights holder. You may not attempt to circumvent the security, modify or change any of the content on DR. DOLGOFF’s Website.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of DR. DOLGOFF, its Personnel or any third party.

PRODUCT OFFERING

The information on our Website may change without notice and may contain inaccuracies or typographical errors. We may offer products, promotions, specials and services on a “first-come, first-served” or “while supplies last” basis, and all pricing may be subject to change without notice. We may advertise a price elsewhere that may not be available or offered at the same price at the time you view it on the Website as it appeared in an advertisement. We are not responsible for any such errors or discrepancies.

MEMBERSHIP, USER NAME, PASSWORD AND YOUR ACCOUNT

Any information you provide will be bound by our Privacy Policy which is incorporated herein.
This Website provides certain information that is available to the public and other information that is only available to members. If you decide to become a member, you will be provided with a user name and password. You will be solely responsible to maintain and protect the confidentiality of your log-in and user information and to restrict access to your computer. You are responsible for all activity that occurs under your account and password and cannot sell, transfer or assign your account, membership or any membership rights. If you believe someone accessed our Website using your user name and password without your authorization, please notify us immediately at info@drdolgoff.com.
The membership fee is $24.95 per month. Each member will be charged the membership fee on a monthly basis until the membership is cancelled. Discounts and special rates may apply for the upfront purchase of additional months.
You agree to pay all subscription fees and any other charges incurred under your account (including any applicable taxes) at the rates in effect when the charges were incurred. For your convenience, all fees will be billed to the credit card provided when you registered or to a different credit card if you change your account information.

CANCELLATION

You may cancel your membership at any time, however, you must cancel your membership before it renews in order to avoid billing of fees to your credit card. We do not provide refunds or credits for any partial month period. Please allow us a week to process your request.

E-MAIL OPTIONS

When registering for a membership, you are also subscribing to our e-mail list and newsletter. You may unsubscribe from our newsletter and mailing list at any time. Unsubscribing from the email list DOES NOT cancel your membership.

TRANSACTIONS

To serve you most efficiently, if during your visit to our Website you choose to engage in a transaction involving the purchase of products, services, online advertisement or other goods, then such sales, credit card transactions and order fulfillment are handled by a third party processing merchant vendor, bank or distribution institution such as Paypal. While in most cases transactions are completed without difficulty, we cannot guarantee "perfect security" on the Internet or offline and we are not responsible for the success or security of transactions processed by third parties and you assume full responsibility for the risk of such transactions.

Third-Party Content

In some instances, the content available through our Website represents the opinions and judgments of the respective third party providing such content. DR. DOLGOFF neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on our Website. Under no circumstances shall DR. DOLGOFF, or its affiliates, or any of their managers, members, officers, directors, employees, representatives or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through our Website. It is your sole responsibility to evaluate the information, opinion, advice, or other content available via our Website.

LINK TO THIRD PARTY WEBSITES

This Website may provide links or references to, or advertisements for, websites operated by other parties ("Third Party Sites"), but DR. DOLGOFF has no responsibility for the availability, content, advice, statements, opinions, advertisements or business dealings of such Third Party Sites and you agree that we shall in any way be liable for any damages, loss or injury arising from such Third Party Sites. Any links to Third Party Sites are provided as merely a convenience to our Website Users and our posting of the links does not imply an endorsement. You solely bear all risks associated with the use of such Third Party Sites and should familiarize yourself with their Privacy Policies, Terms of Use and practices.

USER GENERATED CONTENT

User is solely responsible to ensure that any content, information and text it uploads, posts or submits to DR. DOLGOFF is wholly owned by User and does not in any way, manner, shape or form violate the rights of any third parties and is not libelous, defamatory, slanderous, obscene or inappropriate.
You hereby grant us a nonexclusive, royalty-free, worldwide perpetual license to freely utilize, reproduce, distribute, publicly display, reformat and/or translate in any languages in any media, manner and formats whatsoever any and all content that you submit to, provide and/or upload to the Website.

LICENSE TO LINK

Subject to these Terms of Use, User is granted, a non-exclusive, limited, and revocable license to link to this Website. You may not present the link to this Website in a way that associates this Website with advertising or creates an impression or inference that this Website endorses any organization, product, or service including, without limitation, the Website displaying the link. Further, you agree that you will not misrepresent your relationship with DR. DOLGOFF and/or its Personnel, present false information about DR. DOLGOFF and/or its Personnel, our products or services, or place a link to this Website on a website that could be construed as, or that a reasonable person may consider, obscene, defamatory, harassing, grossly offensive or malicious. We reserve the right to revoke this license generally, or the right to use specific links, at any time. If we revoke this license, you agree to remove and disable any and all of your links to this Website immediately.

POSTINGS AND UPLOADS

DR. DOLGOFF does not and cannot review all content posted, sent or uploaded to the Website, and we are not responsible for such content and any such content should not be construed as professional advice or instruction.

EXPORT AND DOWNLOADS

You may not access, download, use or export the Website, content, products or services provided on the Website in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. By downloading or using the Website and its contents, you represent and warrant that such download or use is not in violation of any such law.

Termination of Usage

DR. DOLGOFF may in its sole discretion and without notice suspend or terminate any User’s access to all or any part of the Website including any account and membership thereon.

HEALTH DISCLAIMER: NO DOCTOR/PATIENT PRIVILEGE

THIS WEBSITE CONTAINS INFORMATION FOR WEIGHT MANAGEMENT THAT IS INTENDED TO BE HELPFUL TO ITS USERS, HOWEVER, ANY AND ALL INFORMATION, CONTENT, TEXT, GRAPHICS, IMAGES AND COMMUNICATIONS AVAILABLE AND MADE VIA THIS WEBSITE, DR. DOLGOFF, ITS REPRESENTATIVES, STAFF, PERSONNEL OR THIRD PARTIES, BLOGS, E-MAILS, NEWSLETTERS AND THE LIKE IS INTENDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND YOUR USE OF THIS WEBSITE AND THE TRANSMISSION, SUBMISSION AND RECEIPT OF ANY PERSONAL INFORMATION TO AND/OR THE PERSONAL RESPONSE BY DR. DOLGOFF AND ITS PERSONNEL IS NOT INTENDED TO BE AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE AND WILL NOT CREATE OR IMPLY A DOCTOR-PATIENT OR OTHER HEALTH CARE PROFESSIONAL PRIVILEGED RELATIONSHIP BETWEEN YOU AND DR. DOLGOFF OR ITS PERSONNEL. THE INFORMATION SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR THERAPIST, PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, A VISIT, CALL OR CONSULTATION WITH YOUR THERAPIST, PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY SERVICE, PRODUCT PACKAGING OR LABEL.
The information should not be a substitute for medical advice, diagnose or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, an exercise regimen or any other matter related to your health and well being. This information should be used in conjunction with the guidance and care of your physician, especially if you are taking medications, including diuretics or medication for diabetes. Whether or not you are at your goal weight, consult your physician before beginning our nutrition plan as you would with any nutritional plan. Your physician should perform a baseline laboratory test to allow for proper follow-up. Should you have any health-care related questions, please call or see your physician or other healthcare provider promptly. Should there be an emergency, call your physician or 911 immediately.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION ON THIS WEBSITE, AND YOU SHOULD NOT USE THE CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

Disclaimers AND NO REPRESENTATIONS AND WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ITS PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. DR. DOLGOFF’S WEBSITE IS PROVIDED AND OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DR. DOLGOFF AND ITS PERSONNEL MAKE NO GUARANTEE, REPRESENTATION, DISCLAIMER OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, SECURED ACCESS OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) AS TO THE ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR (V) THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF DR. DOLGOFF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITED LIABILITY

DR. DOLGOFF AND ITS PERSONNEL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, OR OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE, OR OTHER LINKED WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DR. DOLGOFF’S RECORDS, PROGRAMS, OR SERVICES. USER ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA THIS WEBSITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF DR. DOLGOFF HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.
THE ABOVE WILL APPLY TO THE FULL EXTENT PERMISSIBLE BY LAW.

Indemnification

You will indemnify DR. DOLGOFF and each of its Personnel, from and against any and all claims, losses, damages (including, reasonable attorney's fees), liabilities, judgments, recoveries, actions and costs constituting and arising from or in connection with a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto OUR servers and from any and all use of OUR Website.

GOVERNING LAW

These Terms of Use will be governed and construed by the laws of the State of New York. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Any disputes should first be brought to the attention of DR. DOLGOFF, if a resolution is not reached, these may be submitted for binding arbitration in Nassau County, New York.

ENTIRE AGREEMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and DR. DOLGOFF regarding User’s relationship with us and supersedes any prior statements or representations. User agrees to be bound by these terms of use at all times when using this Website or when purchasing or receiving our products and services,

Modification

DR. DOLGOFF reserves the right to make changes to its Website, posted policies and these Terms of Use at any time without notice. Please check back periodically as your continued use of the Website along with your receipt of DR. DOLGOFF’s products and services will be considered acceptance of our Terms of Use and other policies.
Notice: These Terms of Use were last revised on January 26, 2009.

PRIVACY POLICY

Joanna Dolgoff, MD, PC offers Dr. Dolgoff’s Weigh (“Dr. Dolgoff” “We” “Our” “Us”) as an informative website dedicated to your well being and is committed to your privacy. Please read the following policy which governs our website, products and outlines our information gathering and dissemination practice.

PERSONAL, HEALTH, ORDER AND UPDATE INFORMATION

DR. DOLGOFF collects personal information through its Website in order to process orders, provide services and communicate with its customers. The information collected for DR. DOLGOFF’s mailing lists includes the visitor’s name and email address (collectively the “Personal Information”).

The health information collected for DR. DOLGOFF’s suggested nutrition plans, includes the visitor’s name, e-mail address, gender, weight and age along with other health related information such as activity level and resting metabolic weight in order to personalize your experience (collectively the “Health Information”).

The information collected when making a purchase or paying for services, includes, relevant credit card and account information to process the order, bill the customer and update you on your order status (collectively the “Order Information”).
DR. DOLGOFF may communicate with its users through e-newsletters and e-mails about company information, updates, special promotions, announcements, surveys, blogs, events, pod-casts, product and service offerings, discounts, and messages from DR. DOLGOFF (collectively the “Update Information”).

We use the Personal, Health, Order and Update information to personalize your experience, learn more about our visitors, customers and potential customers, respond to your inquiries, request feedback, contact you if necessary and to help improve our services and product offerings. We will not use your telephone number for marketing purposes.

DISCLOSURE, SALE, RENTAL

DR. DOLGOFF will not sell or divulge your personal information to third parties without permission. DR. DOLGOFF may use other persons, companies, agents or contractors to perform services such as maintaining the Website, processing credit card transactions, analyzing customer interaction and conducting research and surveys. We may also provide postal addresses for delivery purposes. While providing such services, these parties may be aware of your personal information and we cannot be liable for their use or misuse of your personal information.

We may provide general information to potential or actual advertisers, providers of advertising services (including, website tracking services), commercial partners, sponsors, licensees, researchers and similar parties regarding the number of visitors to our Website, demographic breakdown and activities that visitors engage in while on our Website.

Any future subsidiaries, joint ventures, or other companies under a common control (collectively “Affiliates”) may become privy to your personal information, in which case we will require the Affiliates to honor this Privacy Policy.

DR. DOLGOFF reserves the right to disclose any information as required by law, or as we may believe is necessary to comply with relevant laws or respond to any subpoenas or warrants, and as necessary to defend our rights, property, websites, services and the safety of our users.

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children and this Website is not intended for children under the age of 18. No child should utilize this Website without proper parental or guardian supervision and permission. Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent or notification which may include the collection of the parent or guardian’s e-mail address in order to e-mail them a notification. We urge all parents and guardians to participate in their children's exploration of the Internet, and to teach their children about protecting their personal information.

COOKIES

As you navigate this Website, certain information may be passively collected such as your Internet protocol address, browser type, domain names, access times, and operating system. We may use “Cookies” and navigational data like Uniform Resource Locators (URL) to gather information such as the date and time of your visit and information and services you searched and viewed. This type of information is collected to make our products, services and Website more useful to you.

An "Internet protocol address "or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same for each browser session but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze our web page flow.
"Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the Website may not work properly.

THIRD PARTY LINKS

DR. DOLGOFF’s Website may contain links to other websites. DR. DOLGOFF is not responsible for the privacy practices, content or conduct of such other Websites and we urge you to become familiar with their privacy practices.

CHOICE/OPT OUT

Please contact us to request the removal of your information from our database or to no longer receive future communications at info@drdolgoff.com with the word ‘unsubscribe’ in the subject line.

FEEDBACK

DR. DOLGOFF may publish and reproduce feedback, comments or other material which you may post, upload, submit or provide along with your name. You are solely responsible to ensure that any material submitted, posted, uploaded or transmitted via DR. DOLGOFF’s Website is original, appropriate and does not violate the rights of any person or entity and complies with our Terms of Use.
We are not responsible for the privacy of any information you may reveal or post in any public form (e.g. message board, blog) which may be available via our Website.

NO DOCTOR/PATIENT RELATIONSHIP

Please understand that while your privacy will be respected and the information provided by DR. DOLGOFF is intended to be helpful, the information, content, text and communications by DR. DOLGOFF and/or its representatives, staff and personnel via this Website, blogs, e-mails, newsletters and other communications is being provided for general informative and educational purposes and your use of this Website and submission of any personal information to and/or the personal response by DR. DOLGOFF does not constitute medical advice and will not create or imply any doctor/patient privileged relationship with DR. DOLGOFF. The information should not be used in the place of advice of your physician or other medical professional.

SECURITY

We wish to protect your privacy and security however there is no such thing as “perfect security” on the Internet or offline and we are not responsible for and cannot guarantee the success or full security of your transactions while visiting our Website. You must do so at your own risk and we strongly encourage you to use common sense on our Website and whenever you disclose personal information.

CHANGES

This policy may change at any time without notice so please check back periodically as your continued use of the Website will be considered acceptance of our Privacy Policy.

CONTACT US

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, you can contact DR. DOLGOFF at info@drdolgoff.com

Notice: This Privacy Policy was last modified January 26, 2009.