Terms of Use, Conditions, and Disclaimer
Medical Disclaimer
Medical Emergencies:
If you have a true medical emergency, please call 911 or go to a hospital emergency room.
Medical Disclaimer:
Kelsey Voller, Kelsey Voller Health LLC (hereby referred to as Kelsey Voller) is not a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, registered dietician, pharmacist, psychologist, psychiatrist, psychotherapist, or other formally licensed healthcare professional. Therefore, Kelsey Voller does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy. Nothing in email or social media should be construed to constitute healthcare advice or medical diagnosis, treatment or prescribing. Kelsey Voller encourages you to seek the care of a licensed healthcare professional if you believe such care is required. Education, information or guidance provided by Kelsey Voller should not be construed as a promise of benefits, a claim of cures, or a guarantee of results to be achieved. Kelsey Voller makes no guarantees or warranties related to its service.
Kelsey Voller, nor anyone associated with Kelsey Voller Health, has, is, or will A) practice medicine with clients, B) prescribe medicine or any medical treatment whatsoever, C) adjust existing medications or treatments. ALL CLIENT MEDICAL DECISIONS ARE LEFT ENTIRELY UP TO THE CLIENT’S LICENSED HEALTHCARE PROFESSIONAL.
Kelsey Voller’s approach is intended for educational purposes only. Information provided by this website or this company is not a substitute for individual medical advice.
Kelsey Voller Health LLC and Kelsey Voller are not associated with and are not intended to state or imply that Anthony William, Medical Medium® recommends, supports, sponsors, or is in any way affiliated or associated with any person or entity associated with Kelsey Voller Health LLC. Kelsey Voller Health LLC and Kelsey Voller do not intend to state or imply legal authorization to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol of Medical Medium® or Anthony William.
The information provided on and accessible from this page/website is for informational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should not use this information for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.
The United States Food and Drug Administration (“FDA”) has not evaluated any statement, claim, or representation made on or accessible from this page/website. Nor has the FDA evaluated any food, product or service mentioned on, or available from or through, this page/website. No food, product or service mentioned on, or available from or through this page/website is intended to diagnose, treat, cure or prevent disease.
The information provided on and accessible from this page/website does not necessarily reflect the opinions of Kelsey Voller, Kelsey Voller Health LLC and is not guaranteed to be correct, complete, or up-to-date. This page/website is not intended to create a client relationship, and access to or receipt of information included on or communicated through this page/website does not constitute such a relationship. Information disclosed on this page/website does not remain confidential and may be viewed by the public. Therefore, do not disclose anything on this page/website that you expect to be held in confidence.
This page/website may contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Kelsey Voller, Kelsey Voller Health LLC recommends, supports, sponsors, or is in any way affiliated or associated with any person or entity associated with those links, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
You may also contact us through our website at info@kelseyvollerhealth.com. Please remember that Internet e-mail is not secure and you may wish to take steps to encrypt sensitive or confidential materials before sending them on the Internet.
Terms & Conditions
Kelsey Voller Health LLC dba Kelsey Voller, Kelsey Voller Health LLC is not a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, registered dietician, pharmacist, psychologist, psychotherapist, or other formally licensed healthcare professional, practitioner or provider of any kind. Kelsey Voller, Kelsey Voller Health LLC does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy.
Kelsey Voller Health LLC and Kelsey Voller are not associated with and are not intended to state or imply that Anthony William, Medical Medium® recommends, supports, sponsors, or is in any way affiliated or associated with any person or entity associated with Kelsey Voller Health LLC. Kelsey Voller Health LLC and Kelsey Voller do not intend to state or imply legal authorization to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol of Medical Medium® or Anthony William.
The information provided on and accessible from this page/website is for informational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should not use this information for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.
The United States Food and Drug Administration (“FDA”) has not evaluated any statement, claim, or representation made on or accessible from this page/website. Nor has the FDA evaluated any food, product or service mentioned on, or available from or through, this page/website. No food, product or service mentioned on, or available from or through this page/website is intended to diagnose, treat, cure or prevent disease.
The information provided on and accessible from this page/website does not necessarily reflect the opinions of Kelsey Voller, Kelsey Voller Health LLC and is not guaranteed to be correct, complete, or up-to-date. This page/website is not intended to create a client relationship, and access to or receipt of information included on or communicated through this page/website does not constitute such a relationship. Information disclosed on this page/website does not remain confidential and may be viewed by the public. Therefore, do not disclose anything on this page/website that you expect to be held in confidence.
This page/website may contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Kelsey Voller, Kelsey Voller Health LLC recommends, supports, sponsors, or is in any way affiliated or associated with any person or entity associated with those links, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
You may also contact us through our website at info@kelseyvollerhealth.com. Please remember that Internet e-mail is not secure and you may wish to take steps to encrypt sensitive or confidential materials before sending them on the Internet.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable) and all decisions made during and after this consult or program. The Client expressly assumes the risks of the consult or program, whether or not such risks were created or exacerbated by Kelsey. The Client releases Kelsey his/ her family and staff (collectively, the Releasees) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, which against the Releasees, the Client ever had, now has or will have in the future against the Releasees, arising from the Clients’ past or future participation in, or otherwise with respect to, the consult or program, unless arising from the gross negligence of the Releasees.
Health Care Related Services Disclaimer
Kelsey Voller and Kelsey Voller Health LLC and henceforth referred to as Kelsey, encourages the Client to continue to visit and to be treated by his/ her healthcare professionals, including, without limitation, a physician. The Client understands that Kelsey is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist, or other licensed or registered health care or mental health professional. Accordingly, Kelsey Voller does not render medical, psychological, or other professional advice or treatment, nor does she provide or prescribe any medical diagnosis, treatment, medication, or remedy. The client understands that Kelsey is not providing health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. The Client has chosen to work with Kelsey and understands that the information received should not be seen as medical advice and is not meant to take the place of your seeing licensed healthcare professionals.
The information provided by Kelsey is for educational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should consult with your healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.
The United States Food and Drug Administration (“FDA”) has not evaluated any statement, claim, or representation made by Kelsey or that is accessible from Kelsey's website. Nor has the FDA evaluated any food, product or service mentioned on, or available from or through, this website. No food, product or service mentioned on, or available from or through this website is intended to diagnose, treat, cure or prevent disease.
CHOICE OF LAW, ARBITRATION AND LIMITED REMEDIES
This agreement shall be construed according to the law of the State of Hawaii. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. In the event a dispute arises between the parties, either arising from this Agreement or otherwise pertaining to the relationship between the parties, the parties will submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration rules). Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such Arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in damages, unless specifically set forth herein, may be granted to the Client. If the terms of this Agreement are acceptable, please check the box to indicate acceptance below. By doing so, the Client acknowledges that
a) he/she has received a copy of this letter agreement
b) he/she has had an opportunity to discuss the contents with Kelsey and, if desired, to have it reviewed by an attorney and
c) the client understands, accepts and agrees to abide by the terms hereof.
TERMS OF USE
Terms of use for:
www.kelseyvollerhealth.com and www.kelseyvoller.com and Kelsey Voller Health LLC
Effective August 17, 2020
Please read these terms of use carefully. By using this website, you consent to these terms of use. If you do not agree with any of these terms, please immediately discontinue use of the website (www.kelseyvollerhealth.com).
1) General Information
Welcome to the kelseyvollerhealth.com website (the “website”), which is owned and operated by Kelsey Voller Health LLC, Kelsey Voller (“we”, “us” and “our”). These terms of use (“terms of use”), identify the terms and conditions on which we agree to make the website available to you, and you agree to access and use the website. By accessing and browsing any area of the website, you agree to be legally bound by these terms of use and you agree to the processing of your personal data in accordance with our privacy policy (the “privacy policy”), which is incorporated herein by reference. If you do not agree with any term or condition of these terms of use or our privacy policy, immediately discontinue use of the website.
2) Your use of the Website
You may access and use the website for lawful, non-commercial purposes only. You may not access or use the website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's access, use or enjoyment of the website. You may not attempt to gain unauthorized access to any user account, user information, computer systems or networks through hacking, password mining or any other means. You may not access or use the website for any fraudulent, deceitful or unlawful purpose. You may not modify, adapt or translate any portion of the website, or remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the website. If we determine, in our sole discretion, that you have violated any portion of these terms of use, we may immediately and without notice, suspend and/or terminate your access to all or any part of the website.
3) Proprietary Rights
A copyright and all other proprietary rights in the website content (including but not limited to software, audio, video, text and photographs) (the “website content”), rests with us or our licensors. All rights in the website content not expressly granted herein are reserved. You may not modify, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit the website content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the website content, provided that the copies are made only for your personal use and include all copyright and other proprietary right notices associated with the website content. Except as provided in the preceding sentence or as permitted by the fair use privilege under the united states copyright laws, you may not upload, post, use, reproduce, re-transmit, or distribute in any way website content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.
Any material or information you transmit through the website ("your materials") will be treated as non-confidential and non-proprietary, and immediately become our property, subject to our privacy policy. We may use your materials as we see fit, anywhere in the world, for commercial and/or non-commercial purposes, without obligation for compensation, and free of any moral rights, intellectual property rights, and other proprietary rights in or to your materials.
4) Third party sites
This website may contain links to third party websites and online services (hereinafter referred to each as a “third party site” and collectively as “third party sites”). These links are provided for your convenience; they are not intended to indicate that we review, control, recommend, endorse, support, sponsor, or are in any way affiliated or associated with these third party sites. Some of these third party sites may have the look and feel of our website. Please be aware that you may be on a different website and that these terms of use only cover our website. If you decide to access a third party site, you do so entirely at your own risk. When you visit a third party site, we suggest you review its terms of use and privacy policy.
5) Warranties; Disclaimers
The website is provided “as is” and “as available”. To the fullest extent allowable by applicable law, we expressly disclaim any representations or warranties of any kind, express or implied, including without limitation, warranties of reliability, usefulness, merchantability, fitness for a particular purpose, and noninfringement. We make no representation or warranty: (i) that access to the website, third party sites, or related services will be uninterrupted and error-free; (ii) as to the operation and security of the website, third party sites, or our electronic communications; (iii) as to products and services available through the website or third party sites; or (iv) as to the accuracy, timeliness, completeness, reliability, quality and suitability of information, materials, and other content provided on the website or third party sites, or accessible through use of the website or third party sites.
In no event will we, or any party involved in creating, producing, or maintaining the website or the website content, be liable under any circumstances for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for lost business, lost data or business interruption) arising out of the use or inability to use the website, third party sites, or the content on any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
No information, materials, or other content provided on the website or a third party site, or accessible through use of the website or a third party site, is intended to be, or should be considered to be, medical advice, diagnosis, treatment or prescribing, or a substitute for such activity. Neither Kelsey Voller nor our company, Kelsey Voller Health LLC, is a medical doctor or other licensed healthcare practitioner or provider. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of any information, materials or other content provided on the website or a third party site, or accessible through use of the website or a third party site. Consult with a licensed healthcare practitioner before altering or discontinuing any current medication, treatment or care, or starting any diet, exercise or supplementation program, or if you have or suspect you may have a health condition that requires medical attention. Do not use this website or a third party site for emergency medical needs. If you experience a medical emergency, call 911 or another emergency telephone number available in your geographic location.
If you rely on any information, materials or other content provided on the website or a third party site, or accessible through use of the website or a third party site, you do so solely at your own risk. It is your responsibility to evaluate the information, materials and other content provided on the website and on third party sites, and accessible through use of the website and third party sites.
No information, materials, or other content provided on the website or a third party site, or accessible through use of the website or a third party site, is intended to be, or should be considered to be, a recommendation, endorsement, promise of benefit, claim of cure, or guarantee of results to be achieved. Neither we (Kelsey Voller Health LLC) nor Kelsey Voller recommends or endorses any individual, business, product, procedure, test, or service. The information, materials and other content provided on our website and on third party sites, and accessible through use of our website and third party sites, does not necessarily reflect our opinions of those of Kelsey Voller and is not guaranteed to be correct, complete, or up-to-date.
6) Release; Limitation of liability; Indemnification
You, on your own behalf and on behalf of your heirs, personal representatives, guardians and any persons deriving their claims through you or on your behalf, hereby waive, release and hold us and our officers, directors, employees, independent contractors, agents, telecommunication providers, content providers and stockholders (the “released parties”) harmless from any and all claims, agency actions, liabilities, costs, expenses, and damages of any nature or kind whatsoever, arising out of or in any way connected with the use of or inability to use the website, third party sites, or the content on any or all such sites, whether based on warranty, contract, tort or any other legal theory, even if any of the released parties were advised of the possibility of such damages.
You acknowledge and agree that the released parties are not responsible for the negligent or intentional acts or omissions of any third party or for any of your own actions or inactions, that the total liability, if any, of the released parties shall be limited to the fees paid by you to us for services purchased from us through the website, and that the released parties will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages. You expressly absolve and release the released parties from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, and governmental restrictions.
You agree to indemnify, hold harmless, and defend the released parties from and against, any and all claims, agency actions, liabilities, costs, expenses, and damages of every kind and nature whatsoever, including reasonable attorney’s fees, arising out of or attributed, directly or indirectly, to your: (i) access to or use of the website and/or a third party site; (ii) access to or use of services provided through the website; (iii) violation of any provision of these terms of use; (iv) negligence; (v) tortious and/or criminal conduct; and/or (iv) violation of any third-party right, including without limitation any intellectual property or other proprietary right.
You acknowledge and agree that any cause of action arising out of or related to these terms of use or your access to or use of the website must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
7) Dispute Resolution; Jurisdiction; Venue; Choice of Law
If you have a claim or dispute of any kind against or with us (the “Dispute”) and/or any of the Released Parties, you agree to initially try to resolve the Dispute informally, though direct negotiations with all parties to the Dispute. If the Dispute is not resolved through direct negotiation, you agree to try in good faith to settle the Dispute by mediation by a Hawaii Supreme Court Certified Circuit Civil Mediator in Maui County, Hawaii prior to resorting to litigation, or some other dispute resolution procedure. You shall select the mediator from a list of three mediator names that we will supply to you. The mediator fees shall be paid equally by all parties to the Dispute, including you. The mediation proceedings and negotiations will be confidential, will not exceed three consecutive business days, and will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. In any legal action involving the Dispute, the prevailing party shall have its expenses, costs, and attorneys’ fees (whether before trial, during trial, on appeal, or otherwise) paid by the other parties.
These Terms of Use and the Privacy Policy shall be governed, interpreted, construed and enforced in in accordance with, the laws of the State of Hawaii, without regard to any conflict of laws principles. Venue, for all purposes, shall be deemed to lie in Maui County, Hawaii.
You hereby irrevocably (i) submit to the jurisdiction of the courts of the State of Hawaii and the United States District Court for Maui County, Hawaii, for the purpose of any suit, action or other legal proceeding arising out of or in connection with the Dispute, these Terms of Use, your access to or use of the Website or a Third Party Site, any product or service available through the Website or a Third Party Site, and/or the relationship between you and us (each a “Proceeding”); (ii) agree that all claims related to any Proceeding may be heard and determined in any such court; (iii) waive, to the fullest extent permitted by law, any objection, constitutional, statutory or otherwise, to the jurisdiction of any such court or from any legal process therein; (iv) agree not to commence any Proceeding other than in the State of Hawaii; and (v) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum. By entering into this Agreement, you understand that you may be called upon to answer a claim asserted in the State of Hawaii.
8) Titles and Headings; Independent Covenants; Severability
The titles and headings in these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
9) Changes to Terms of Use
We may change our Terms of Use and Privacy Policy from time to time and at our sole discretion. When we do, we will publish the updated documents on the Website. It is your responsibility, each time you access the Website, to check our Terms of Use and Privacy Policy for changes. Each document, at the top, will include a date indicating when it was last updated. When you access and use the Website, you will be subject to the terms and conditions of the Terms of Use and Privacy Policy then in effect. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the changes, you must immediately discontinue use of the Website.
10) Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us with regard to your access and use of the Website and supersede all previous written and oral agreements on the same subject matter. Additional terms and conditions may apply in connection with your use of a specific service or feature available through the Website.
11) Contact Us
If you have any questions or concerns about these Terms of Use or our Website Content, please contact us at info@kelseyvollerhealth.com.