Terms of Use

Your privacy is important to Dr. Adina Nack. To better protect your privacy, she provides this notice explaining what information is collected, how that information might be used and the choices you can make about the way your information is collected and used at this website.

Information Collected

Your use of this website constitutes your acceptance of Dr. Adina Nack's "Terms of Use” or “Agreement.”

1. The website does not provide medical advice
The contents of the website of Adina Nack, Ph.D. (“Adina Nack," "Dr. Adina Nack"), www.AdinaNack.com, (the “Website”), such as text, graphics, images, information obtained from the website’s licensors and other material (“Content”) contained on the website is for informational purposes only. The Content has not been evaluated by third parties (e.g., the FDA, the AMA, the CDC) and is not intended to substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any health-related activities described on the Website. Dr. Adina Nack does not recommend self-management of one’s health care. Reliance on any information provided by or via the Website is solely at your own risk. Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided by AdinaNack.com is compiled from numerous sources. Dr. Adina Nack does not directly or indirectly practice medicine or provide medical services as part of AdinaNack.com. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your doctor or 911 immediately. The Website contains health or medically related materials, including information about sexual and reproductive health issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.

2. Your Acceptance of AdinaNack.com’s Terms and Privacy Policy
Your use of and/or visitation to the Website signifies your agreement to (1) these terms and conditions (the "Terms of Use") and (2) AdinaNack.com’s privacy notice and incorporated here by reference. If you do not agree to any of these terms or AdinaNack.com's privacy notice, then please do not use the Website. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. In its sole discretion, Dr. Adina Nack may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. Your Use of the Website – Permissions and Restrictions
AdinaNack.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, under the following conditions: A. You agree to use the site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with Dr. Adina Nack. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Dr. Adina Nack. All rights not expressly granted herein are reserved to Dr. Adina Nack. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. B. AdinaNack.com authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2008, Adina Nack, Ph.D.. All rights reserved,” and other copyright and proprietary rights notices that were contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Dr. Adina Nack. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice. C. You agree not to alter or modify any part of the Website. D. Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference. E. You agree not to use the Website, for any commercial use, without the prior written authorization of Dr. Adina Nack. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Dr. Adina Nack's express approval: o post or transmission through the site of any material which contains advertising or any solicitation with respect to products or services; o advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site; o sale of access to the Website or its related services on another website; o use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue; and o any use of the Website or its related services that Dr. Adina Nack finds, in its sole discretion, to be a use of Dr. Adina Nack’s resources or User Submissions with the effect of competing with or displacing the market for AdinaNack.com, its Content, or its User Submissions. F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the AdinaNack.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, AdinaNack.com through Webs.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., membership profiles, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions. Any conduct by you that in Dr. Adina Nack's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. G. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the site any material which violates or infringes in any way upon the rights of others, which (in Dr. Adina Nack’s sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law. H. You agree not to upload, post or otherwise make available on the site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission. I. You also agree not to impersonate any other person while using the Website or conduct yourself in a vulgar or offensive manner while using our service. You agree that AdinaNack.com may reject any user submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Dr. Adina Nack’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights. J. You agree that AdinaNack.com, should it accept a user submission, may include that user submission in the Website for as long or as short a period of time as Dr. Adina Nack, at her sole discretion, chooses. Furthermore, you agree that Dr. Adina Nack may edit user submissions. K. You agree that Dr. Adina Nack shall have the right, but not the obligation, to monitor the content of the site and to remove any material that she, in her sole discretion, finds to be in violation of the provisions herein or otherwise objectionable. L. Dr. Adina Nack reserves the right to discontinue any aspect of the Web site at any time.

4. AdinaNack.com Accounts
In order to access some features of the Website, you will have to subscribe as a member of AdinaNack.com. You may never use another's subscription account without permission. When creating your profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AdinaNack.com immediately of any breach of security or unauthorized use of your account. Although Dr. Adina Nack will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dr. Adina Nack or others due to such unauthorized use. The creation of an AdinaNack.com membership/subscription/account is an explicit acceptance by you of these Terms of Use.

5. Electronic Communications
By establishing an account with the Website, you consent to receiving electronic communications from AdinaNack.com. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with AdinaNack.com and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

6. Right to Terminate
Dr. Adina Nack reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Dr. Adina Nack reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. Dr. Adina Nack may remove such User Submissions and/or terminate a user’s or member’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at Dr. Adina Nack’s sole discretion.

7. Disclaimer of Opinion
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Website are those of the respective authors or producers and not of Dr. Adina Nack. Under no circumstances shall Adina Nack, Ph.D. be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed or promoted via the Website is at your own risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Dr. Adina Nack. All dietary supplements and ingestible or topical products discussed on the Website are sold by parties other than Dr. Adina Nack. Dr. Adina Nack does not control the manufacture or formulation of the products, nor does it control any statements.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DR. ADINA NACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEITHER DR. ADINA NACK NOR ANY OF HER RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ADINANACK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. DR. ADINA NACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE ADINANACK.COMI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DR. ADINA NACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. DR. ADINA NACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEBSITE HAVE BEEN SATISFIED.

9. Liability of Adina Nack
If you are dissatisfied with AdinaNack.com, any information found thereon, or with any AdinaNack.com's Terms of Use or Privacy Policy, your sole and exclusive remedy is to discontinue using AdinaNack.com. Dr. Adina Nack assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website. Dr. Adina Nack is not liable for any personal injury, including death, caused by your use or misuse of the Website or Content or by any products you purchase from a third party. In no event shall Dr. Adina Nack or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Dr. Adina Nack is advised of the possibility of such damages. Any liability of Adina Nack shall be limited to the actual damages incurred by you, not to exceed U.S. $1000.

IN NO EVENT SHALL ADINA NACK, PH.D. OR THE ADINANACK.COM WEBSITE BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE SITE OR AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DR. ADINA NACK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY ADINA NACK, PH.D. FROM THE UNITED STATES OF AMERICA, AND SHE MAKES NO REPRESENTATIONS THAT THE ADINANACK.COM WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE ADINANACK.COM WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Website or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

10. Indemnification
You agree to defend, indemnify and hold harmless Dr. Adina Nack from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of: (i) your use of the Website and/or any information, services and/or goods provided via the site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; (iv) any claim that on of your User Submissions caused damage to a third party. The obligations under this subsection will survive these Terms of Use and your use of the Web site.

11. Advertisements, Product/Service Promotions and Links to Other Sites
AdinaNack.com may discuss certain products and/or services of third parties on the Website. It is possible that the third-party product and/or service provider will pay Dr. Adina Nack a referral fee for purchases made by individuals that are referred to it by Dr. Adina Nack or through AdinaNack.com. As noted above, Dr. Adina Nack makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Website is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Website may lead to other websites that are not controlled by, or affiliated with, Dr. Adina Nack. In addition, other websites may link to the Website. Unless expressly stated, Dr. Adina Nack has not reviewed or endorsed these websites, has no control over those sites and is not responsible for the content or privacy policies, or practices of any third party websites. In addition, Dr. Adina Nack will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Adina Nack, Ph.D. from any and all liability arising from your use of any third-party website that you visit through the Website. Accordingly, she encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

12. User Submissions and Contributions
Any information provided when you “Sign-up", "Become a Member," or "Join the Community” is subject to our Privacy Policy. Beyond that information, any e-mail or other communications or content you send to any part of the Website is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Website, including, but not limited to questions, comments, reviews, and participation in blogs. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — Adina Nack a royalty-free, perpetual, irrevocable, world-wide non-exclusive, sublicenseable and transferable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Dr. Adina Nack may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. You understand and agree that Dr. Adina Nack may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dr. Adina Nack to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use. Adina Nack, Ph.D. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Adina Nack expressly disclaims any and all liability in connection with User Submissions. AdinaNack.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AdinaNack.com will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. Adina Nack reserves the right to remove User Submissions without prior notice.

Dr. Adina Nack is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Adina Nack including, without limitation, responses to questionnaires or through postings to the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or other websites.

Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Adina Nack regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Dr. Adina Nack reserves the right to reject, remove or edit User Submissions at anytime without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks; misleading information regarding the origin of the content; or a discussion of AdinaNack.com policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.

13. Privacy Policy
Your acceptance of these Terms of Use and/or use of the Website constitutes your acceptance of Dr. Adina's Nack''s Privacy Policy for AdinaNack.com.

14. Disputes
You expressly agree that any claim or controversy arising out of or related to these Terms of Use, the Website, or the services or products provided on or through the Website shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Adina Nack from seeking any injunctive relief in any court of competent jurisdiction for protection of Adina Nack’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the U.S. courts for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Adina Nack, telecommunication providers and content providers. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

15. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated in the future without notification or cause. You agree that after consenting, you will be bound by such revisions, modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the Website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

16. Entire Agreement
These Terms of Use, as modified from time to time as described below, and including the policies incorporated by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

17. Severability
The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

18. Digital Millennium Copyright Ac
t It is AdinaNack.com’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Dr. Adina Nack with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For clarity, any other feedback, comments, requests for technical support, and other communications should be directed to Dr. Adina Nack through http://www.adinanack.com/contact.htm. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid. If you are the owner or an agent thereof, of material that was removed from the Website or disabled after Dr. Adina Nack received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Dr. Adina Nack a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Adina Nack, then she may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides Adina Nack with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Adina Nack's sole discretion.

19. Intellectual Property Notice
All content on AdinaNack.com, including, without limitation, all newsletters, e-newsletters and other materials distributed via AdinaNack.com, are owned by Adina Nack and are protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any Content, in whole or in part, without permission is prohibited.

20. Ability to Accept Terms
You affirm that you are either an emancipated minor, more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

21. General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Adina Nack by your use of the Website. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Disputes, and Entire Agreement. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adina Nack without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of Adina Nack, AdinaNack.com and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.