4.2. LIMITATION OF LIABILITY. INFORMATION SUPPLIED BY MODERNMOMMYDOC.COM IS PROVIDED “AS IS” AND NEITHER MODERNMOMMYDOC.COM NOR ANY OF THE PROFESSIONAL STAFF OR ANY OTHER PERSON MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS SERVICE OR INFORMATION FURNISHED BY THEM OR OUR AGENT, EMPLOYEES OR REPRESENTATIVES. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND NEGATE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. Please consult your health care provider before making any healthcare decisions for yourself or another or for guidance about a specific medical condition. Dr. Casares and/or Modern Mommy expressly disclaim responsibility, and shall have no liability whatsoever, for any damages, loss, injury suffered as a result of your or a third party’s reliance on the information contained in this site. Dr. Casares and/or Modern Mommy does not endorse specifically any test, treatment, or procedure mentioned on this website or any linked website. MODERNMOMMYDOC.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKLEY RESULTS, OR RELIABILITY OF THE USE OF THESE MATERIALS ON ITS WEBPAGES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE PAGES. YOU HEREBY ALSO AGREE THAT MODERNMOMMYDOC.COM, THE SERVICE, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), AS A RESULT OF YOUR USE OR INABILITY TO USE THIS SERVICE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH MODERNMOMYDOC.COM, ITS WEB PAGES, OR ITS SUBSIDIARIES, EVEN IF MODERNMOMMYDOC.COM OR MODERNMOMMYDOC.COM AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN USING THESE WEB PAGES OR SERVICES, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF MODERNMOMMYDOC.COM, ITS WEB PAGES, AND ITS SUBSIDIARIES. 4.3. Non-Endorsement. We do not represent or endorse the accuracy or reliability of any of the Materials, nor the quality of any Products. You acknowledge that any reliance upon any Materials or Products is at your sole risk and you shall exercise your own informed judgment and evaluation on the use of the Products. 4.4. Revisions and Errata.The materials appearing on modernmommydoc.com could include technical or typographical errors. Modernmommydoc.com does not warrant that any of the materials on its Web pages are accurate, complete, or current. Modernmommydoc.com may make changes to the materials contained on its Web pages at any time without notice. 4.5. File Viruses. We do not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to you or other users of the Service, regardless of source of the problem, or that any files are free from viruses, worms, Trojan horses or any other code or source that includes or manifests contaminating or destructive characteristics. 4.6. Your Indemnification. You agree to indemnify and hold us, our affiliates and officers, directors, agents and employees, harmless from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of use by you or others of the Service, including without limitation, (i) claims based on defamation or your other conduct in using the Service, or (ii) your violation of any intellectual property laws including without limitation those relating to our copyrights, trademarks or trade secrets. 5. MISCELLANEOUS 5.1. Entire Agreement; Amendments. This Agreement takes effect on your first use of the Service and constitutes your entire agreement with modernmommydoc.com and supersedes all prior or contemporaneous communications or agreements. It applies to all persons accessing the Service from your computer. We have the right to amend this Agreement at any time without notice to you by posting the changes or the entire Agreement as revised. You will regularly review this Agreement for any changes and your use of the Service following any changes constitutes your acceptance of the Agreement as changed or revised. 5.2. Dispute Resolution. Any dispute concerning this Agreement or your use of the Service, Materials or Products shall be governed by the laws of the United States of America and the State of Oregon, excluding its choice of law principles, must be brought within 12 months after the claim or cause of action arises, and shall be brought exclusively in the United States District or the state courts for the County of Multnomah, Oregon, and you consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. In any dispute between us and you concerning the Service, we shall be entitled to recover attorney fees, costs and expenses. 5.3. Agreement Interpretation. The headings used in this Agreement are for convenience only and are not to be used in determining the meaning or interpretation of this Agreement. If any provision in this Agreement is determined to be invalid or unenforceable, that provision shall be severed from the Agreement without affecting the enforceability of all remaining provisions.
6. PRIVACY POLICY: Your privacy concerns are important to modernmommydoc.com. Our Privacy Policy is designed to protect your Personal Information while providing the services available on our website. You may use the modernmommydoc.com website without giving us specific Personal Information that identifies you. “Personal Information” includes, but is not limited to name, address, telephone number, e-mail address and similar information. Personal Information is collected only if you voluntarily provide it on the website; however, certain information may be required to complete some services provided. If you do not wish to provide the information requested on a screen, or if you have concerns about maintaining the confidentiality of any information, do not provide it. We will use Personal Information provided by you on a voluntary basis for the purpose for which it is given to us. It may be used by modernmommydoc.com, or by entities with which we contract, for such purposes, which are disclosed at the time the information is given. If at any time you do not feel fully confident about the information you are providing, please feel free to contact us. If you visit a website linked to the modernmommydoc.com website, you should consult that website’s privacy policy before providing Personal Information. In making your decision whether to provide Personal Information, you should be aware of the general risks of transmitting information over the Internet. While modernmommydoc.com attempts to prevent unauthorized persons from accessing or tampering with our website, we cannot guarantee that these efforts will always be successful. We do not collect any information from children under 18 years of age, but if a parent learns that a child has submitted Personal Information to our website the parent should contact us and that information will be deleted. CONTINUED

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