WARNING: BY PARTICIPATING IN "ASK THE DOCTOR"AND/OR PURCHASING CERTAIN PRODUCTS OR NUTRITIONAL COACHING SESSIONS FROM DRLAM.COM, I AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS SET FORTH BELOW WHICH MAY CHANGE FROM TIME TO TIME. IF I DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, I AGREE TO STOP USING THE DRLAM.COM WEBSITE AND LEAVE IMMEDIATELY.
I agree that any answers, comments and information in response to any questions I post or send to "Ask the doctor", "Ask Dr. Lam", "Call me", "Ask Me", "Chat With Me" and similar type correspondences, chats, or conversations in DrLam.com (collectively known as "Ask Dr. Lam"), whether in written or verbal form, are to be provided by a variety of staff of DrLam.com including but not limited to licensed physicians such as Dr. Michael Lam (hereinafter "Dr. Lam"), registered dieticians and other trained staff (collectively the "Staff") and that they are intended solely for general educational purposes only and should not be relied upon as specific medical advice and that they are NOT intended to be a substitute for professional medical advice, diagnosis, or treatment relative to my specific medical condition
I understand that the initial and any follow up email, chat, coaching, conversation, exchange, consultation, and/or correspondence (collectively the "Exchange") I have with Staff is strictly fitness related, lifestyle and nutritional in nature.
I understand and agree that the information in the Exchange is to answer any nutritional and fitness questions that I may have and is not to be construed as medical evaluations, diagnosis or treatments of my medical condition.
I understand that NO physician-patient relationship exists or is established by my participation in such Exchange and that I am only getting non-medical nutritional advice, general fitness, consumer and health knowledge and general nutritional knowledge of dietary supplements. I agree that the information in the Exchange does not replace individual medical care in any way, but instead constitute a health education opportunity - not the diagnosis and treatment of an illness that I may have.
I understand that Staff cannot and does not give specific medical advice and that Staff is not engaged in providing any sort of medical or health services to me. I agree to work directly and regularly with a primary care doctor in my local vicinity, who will manage my ongoing medical care.
I understand I should always consult and seek the advice of my own personal physician before beginning any new treatment and that the Exchange should not be used in place of a visit, call, consultation or the advice of my own physician or other qualified medical professional.
I understand and agree to always consult with, seek and follow the advice of my own personal physician for all of my medical needs.
I understand and agree that the Staff does not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any information contained in any Exchange, opinions, advice, services, or any other information provided by the Staff.
In consideration for my use of and access to DrLam.com website, I agree that in no event will Dr. Lam and/or Staff be liable to me or anyone else for any decision made or action taken by me or anyone else in reliance upon the information found in the Exchange.
I agree to hold Dr. Lam and the Staff harmless for any actions or decisions taken by me in reliance upon the Exchange.
I agree that I must be at least 18 years old before I can post a question in "Ask Dr. Lam".
I understand that I must never disregard professional medical advice or delay in seeking it because of something I have read or heard from Dr. Lam and/or the Staff or DrLam.com website in any of the Exchange.
I understand and agree that if I suspect or think I may have a medical problem or emergency that I must call my personal doctor or 911 immediately.
I understand and agree that my use and reliance on any information found in "Ask Dr. Lam" is solely at my own risk.
I understand that health care knowledge changes constantly and that the information in "Ask Dr. Lam" is only updated periodically and may not contain the most recent medical news or information.
I understand and agree that I may ask and Dr. Lam and/or the Staff may make recommendations on nutritional supplementation from time to time to me as part of the Exchange. Any business dealings with merchants recommended to me by Dr. Lam and/or the Staff , including payment and delivery of related goods or services, are solely between me and such merchant. To the fullest extent permitted by applicable law, I agree that: (a) Dr. Lam and the Staff shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings and (b) any orders placed by me for any product are subject to the terms and conditions of the business of the relevant merchant.
I understand that Dr. Lam and/or the Staff reserve the right to update or change any of the information in "Ask Dr. Lam" at any time without prior notice to me.
I understand and agree that Dr. Lam and the Staff do not assume any responsibility or risk for my use of the information in "Ask Dr. Lam".
As there is NO "doctor-patient" relationship with Dr. Lam and the Staff, I understand and agree that a) any and all documents and records I may submit to Dr. Lam and his Staff for his review and b) any information posted by me in the "Ask Dr. Lam" are not to be considered as personal medical information and that there is no permanent "medical record" of any sort kept by the Staff.
I understand that any Exchange posted to "Ask Dr. Lam" is not guaranteed to be private. I agree that any information about me posted there (such as my name and home address) will be read by others and I must refrain from disclosing information I want to be kept confidential. All postings I make including but not limited to comments, reviews, and Exchange will become the property of DrLam.com and I have no intellectual rights or claim once they are posted.
I agree that I shall remain solely responsible for the content of my questions or content I submit or upload and I agree that LamMD.com/DrLam.com has the right to edit and modify any content posted or uploaded at "Ask Dr. Lam" or any part of the website that it considers in its sole discretion to be infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable without my prior consent or further notice to me.
I agree that LamMD.com/DrLam.com, Dr. Lam or his associates and Staff may render service for a fee, including but not limited to email, chat and phone consultations (herein after called Services). DrLam.com may also offer products as well for my purchase (hereinafter called Products). I agree that all Services rendered and Products purchased by me will comply with the policies and procedure established by DrLam.com from time to time governing such transaction(s),including but not limited to payment by credit card, bank transfer, refund , return , cancellation policies , and credit. I agree to submit my credit card and all associated charging and billing information as requested to Dr. Lam.com to pay for such Services and Products. I agree that such information shall be retained by DrLam.com. I hereby authorize DrLam.com or its associates and Staff to charge my credit card and or other financial instruments acceptable by Dr. Lam.com for such Services and Products on an on-going basis. I agree to such charges using the credit card information retained on file by DrLam.com for all purchases of Products or Services, once or on a recurrent basis, either regularly or irregularly, until I terminate at will in writing. I agree that I shall be liable for payment of such Services and Products. I can terminate this Services and Products relationship at anytime by written notification to LamMD.com/DrLam.com.
I agree that a 2 business days advance cancellation notice by phone/email is required for all Exchanges where an advance appointment has been made for me or a fee will be charged. I understand and agree that there is no refund once my credit card is charged and there will be no refunds. Only re-schedule is possible within an immediate 3 months period following a timely given cancellation notice. There is no guarantee that I will be able re-schedule after the said period without having to pay for another Exchange session. I agree that Dr. Lam, DrLam.com and its associates or Staff may refuse service to anyone at any time for any reason. I understand that a lab test must be ordered by my local doctor for any possible insurance reimbursement. No signing of any insurance form will be entertained by Dr. Lam and/or the Staff or DrLam.com in relation to any Exchange session.
I agree that nothing in the Dr.Lam.com web pages should be construed as medical advice, diagnosis or treatment.
I agree that by registering with DrLam.com, I am signing up to receive periodic newsletters, notices, and alerts from DrLam.com/LamMD.com and its affiliates. I can unsubscribe at anytime.
Any donations made to DrLam.com do not qualify for tax deduction under the United States Internal Revenue Code.
By posting questions at "Ask Me", or talking to Dr. Lam and his associates and Staff or uploading material to LamMD.com/DrLam.com I grant to Dr. Michael Lam, the Coaching Team, LamMD.com/DrLam.com and/or the relevant affiliated companies and assignees, the worldwide, perpetual, exclusive right to record such material and to use any such written or verbal questions, comments, submissions, conversations, videos, fax, and postings, in their original or edited form, in any internet website, television programs, books, articles, mailers, marketing materials, commentaries, videos, or in any other communication medium now known or later developed, without any sort of compensation to me.
I hereby agree to indemnify and hold harmless DrLam.com, its subsidiaries, affiliates, officers, agents, licensors, partners and employees and Staff from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of my use of the DrLam.com Website, content and services in violation of this Agreement and/or arising from a breach of this Agreement.
I agree that Drlam.com and its agents, representatives, partners, suppliers or licensors shall not be liable to me for damages or loss arising from my use of the services, including and without limitation to incidental, consequential, or other indirect damage, whether based on tort, bodily injury, death, lost revenue or otherwise, regardless of whether drlam.com was advised of the possibility of such losses in advance and notwithstanding any failure of essential purpose of any limited or exclusive remedy of any kind. In the event the above limitation of liability is held unenforceable by a court of competent jurisdiction, Drlam.com's liability to me for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by me to DrLam.com or its agents or Staff for the Services. On behalf of itself, its partners, licensors and suppliers. Drlam.com and Staff disclaim any and all liability for special, incidental or consequential damages (including bodily injury or death) arising from or related this agreement or my use of any Services.
If I choose purchase or engage in additional coaching services from DrLam.com, I agree to the additional Coaching Terms and Conditions
I am at least 18 years of age and when I am purchasing or engaging in health and nutritional coaching sessions which are offered by DrLam.com and will be delivered via a variety of methods including but not limited to telephone, email and online face to face video chat in real time over the Internet (one way or both), including initial and follow-up sessions (hereinafter collectively called Coaching Sessions) from Staff including but not limited to Dr. Lam (hereinafter called the Coaching Team).
I understand that the Coaching Team can only be a personal physician for me after a face-to-face examination. A Coaching Session does not offer that opportunity and accordingly I understand and agree that the Coaching Team will not and cannot be my personal physician under any circumstances.
State law allows any person to provide nutritional advice or give advice concerning proper nutrition - which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
Therefore, I understand and agree that the Coaching Sessions and any follow up health coaching services do not replace individual medical care in any way, but instead constitute the provision of general nutrition care and information and/or a health education opportunity - not the diagnosis and treatment of an illness that I may have . Instead of being my doctor, ordering tests and prescribing medicine, the Coaching Team is only answering any questions that I may have as a general nutritional care, health and fitness information source.
Understanding that the above limitation is a requirement for purchasing or engaging in the Coaching Sessions, I hereby warrant and represent that I have my own treating physician in my local vicinity who will manage my ongoing care at all times while I am engaging the services of the Coaching Team and that my use of the information I obtain from the Coaching Sessions is at my own risk and I agree to consult and seek approval of my primary care physician of any health plan that the Coaching Team may have helped to formulate prior to my embarking on such a plan. I hereby indemnify and hold Dr. Lam, the Coaching Team, Staff and DrLam.com harmless for any actions or decisions taken by me in relying upon the Coaching Sessions.
I agree to work directly and regularly with my own primary care doctor who will manage my ongoing medical care in my local vicinity. I understand that the Coaching Team's health coaching services do not replace individual medical care in any way, but instead constitute general health education and a discussion of various opportunities - not the diagnosis and treatment of illnesses that I may have . I agree that the Coaching Sessions are not replacements of one-on-one consultation with a licensed health care practitioner or professional. I agree that the Coaching Team's objective is to provide me with general health information and nutritional care and diet options. I agree always to seek the approval of my personal treating physician prior to embarking on any heath care program or plan recommended to me by the Coaching Team.
I understand and agree that the Coaching Team is not available for any form of communication except during scheduled follow-up phone appointments. I understand and agree that when I directly request a laboratory test without my health care provider's knowledge that it is my responsibility to deliver all laboratory test results, now and in the future, to the said provider and to arrange with him/her for consultation and medical interpretation or opinion so that he/she can then diagnose and treat any disease that I may have. I understand and agree that the Coaching Team will only review those laboratory test results that are nutritional in nature ("Nutritional Test Results"), not for the purpose of diagnosing and treating any disease that I may have, but to establish optimal vs. sub-optimal levels of bodily function related to my nutritional status. I understand and agree that the above nutritional interpretation provided by the Coaching Team is not intended to, cannot, and should not be expected to substitute for the medical interpretation or opinion of the Nutritional Test Results by my own physician. I understand and agree that I will only receive a nutritional interpretation of the Nutritional Test Results from the Coaching Team. I agree to release and hold harmless DrLam.com, the Staff and Coaching Team from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the use of, or reliance on the Nutritional Test Results by the Coaching Team.
I understand that the appointment dates and times are posted on DrLam.com immediately after the appointments have been made. I agree that it is my responsibility to verify their accuracy, and to notify the Coaching Team or DrLam.com within 24 hours after an appointment has been posted should there be any discrepancy.
I agree that a 2 business days advance notice is required for any rescheduling and/or cancellation of a scheduled Coaching Session . For example, if the appointment is made for Monday at noon, then the latest time for cancellation without any charge is the previous Thursday at noon.
I agree that DrLam.com or the Coaching Team may change the terms of providing the Coaching Sessions at anytime, including requiring any additional fees. I understand that the Coaching Team may refuse service to any one with or without cause. I agree to abide by any special terms and conditions governing Coaching Sessions when they are amended and published online on an ongoing basis at DrLam.com.
The Coaching Team cannot sign any insurance forms related to any heath or nutritional coaching services rendered to me. NO PRIVATE INSURANCE OR MEDICARE BILLING OR REIMBURSEMENT IS POSSIBLE. I understand that DrLam.com and the Coaching Team will NOT do any third party, Medicare or insurance billing, reporting, coding, processing, or annual expense reporting of any kind whatsoever (including any doctor reports, records to insurance companies, insurance report forms, etc.). I agree that the fees charged by the Coaching Team for services to be rendered to me MUST be paid by me prior to the services being rendered. I agree that no refund will be made by DrLam.com once my credit card has been charged or payment has been received from any source, regardless of outcome of the coaching effort by the Coaching Team.
I agree that nothing in any electronic or verbal communications between me and the Coaching Team and in any of the contents at DrLam.com is to be construed as medical advice, diagnosis or treatment. I understand and agree that no doctor-patient relationship is established by any Coaching Sessions or Exchanges. No permanent records are kept by DrLam.com or the Coaching Team as part of their coaching service. I agree to always consult with my own doctor for diagnosis and treatments specific to my particular case. I understand that no statement made with regards to any products mentioned in any of the Coaching Sessions has been evaluated by the FDA.
I understand that I may be given a once in my lifetime chance to start talking to the Staff at no charge. Whether or not I am entitled to this free conversation period is determined by the management of DrLam.com at its sole and absolute discretionand it is limited to the first 10-15 minutes of the initial Coaching Session only. At the end of this free period, I will be given an opportunity to decide if I wish to continue, and if so, the fees to be charged. Should I decide to continue with the session after the initial free conversation period has expired, I agree to allow DrLam.com, its associates and Staff, including but not limited to the Coaching Team or any third party, to acquire, retain, and store my personal and financial information in relation to the providing and payment of the coaching services henceforth and for all sessions thereafter, including but not limited to my history, address, telephone number, credit card information. I hereby authorize DrLam.com, its associates and/or the Coaching Team to charge my credit card on file for any services rendered beyond the initial free conversation period. I understand that the information obtained will not be disclosed to third parties without my consent.
The Coaching Team will endeavor to set goals for me to meet them over time. I understand and agree that there is no explicit or implied guarantee or representation made by the Coaching Team that any coaching effort will be successful because each person is different and many other factors may come into play that can alter the outcome. I agree that no refund will be made once my credit card is charged or payment has been received from any source, regardless of outcome of the coaching effort by the Coaching Team. Any prepayment of a service has a valid period of 90 days. I understand that I will not be charged unless a mutual verbal coaching plan is established and agreed upon by me and the Coaching Team.
I understand and agree that if I suspect or think I may have a medical problem or emergency, I must call my personal doctor or 911 immediately.
I understand and agree that any donation I make to DrLam.com, whether it is related to the coaching service or not, is appreciated but NOT tax deductible under US laws.
I agree that any additional time spent by the Coaching Team outside of Coaching Sessions, including but not limited to between session phone calls or email exchanges, report writing, and reading or reviewing documents, will be charged on a prorated basis rounded up to the nearest tenth of an hour without my further consent or notice to me. I agree that any services not paid for in advance will not be provided by the Coaching Team.
I agree that any conduct by me on DrLam.com that DrLam.com believes, in its sole discretion, restricts or inhibits any other user from using or enjoying DrLam.com will not be permitted. I agree to use DrLam.com only for lawful purposes. I agree that I am prohibited from posting on or transmitting through DrLam.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. I also agree not to use the DrLam.com web site to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services.
I agree not to defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of Lam.com, will be removed from the message boards.
I agree not to post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or chain letters of any kind.
I agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any information or content in DrLam.com, use of DrLam.com, or access to Drlam.com. I agree not to access DrLam.com by any means other than through the interface provided by DrLam.com.
I hereby acknowledge that any violation of any of these policies may result in termination of my access to DrLam.com, deactivation or deletion of my account and all related information and files in my account, and preclusion of any further access to such files or the web site, without prior notice to me.
I agree that DrLam.com may electronically monitor all areas of its web site. DrLam.com is not responsible for screening, policing, editing, or monitoring the content I submit, post to or transmit to the DrLam website (hereinafter the "Content") . If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, DrLam.com may investigate the allegation and determine, in its sole discretion, whether or not to remove or request the removal of such Content from its web site. DrLam.com may terminate my access, or suspend my access to all or part of its web site, without notice, for any conduct that it believes, in its sole discretion, is in violation of any applicable law or is harmful to it, its interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.
Advertising Policy and Third Party Websites
In order to build and maintain the DrLam.com website properly and to provide ongoing education service to the public free of charge, DrLam.com may accept all kinds of advertisements including but not limited to CPC (cost-per-click) advertisements, text and banner advertisements. DrLam.com may also run advertisements and promotions from third party advertisers on its website.
Dr. Lam.com may make available certain products for your consideration and purchase (hereinafter called the "Products") which may include but not limited to books by Dr. Michael Lam, nutritional supplements that are custom formulated by Dr. Michael Lam, audio/visual aids and tools etc. developed by Dr. Michael Lam. All Products will be sold through third party vendors as DrLam.com is an educational website with no shopping cart. When you purchase the Products, DrLam.com and its administrator will earn royalties and they will go to support the ongoing mission of DrLam.com. Please note that the DrLam® and Michael Lam, MD® brands of supplements are custom-formulated by Dr. Michael Lam (the "Dr. Lam Supplements") and they are distributed online by master distributor SupplementClinic.com ("SC") who carries the complete line, and other on-line retailers. Since there may be a number of supplements that are available from a variety of sources on the market that have ingredients similar to the Dr. Lam Supplements, DrLam.com suggests that you comparative shop prior to making any purchase of any Dr. Lam Supplements.
DrLam.com believes that SC offers reasonable pricing and excellent service but it does not endorse any third-party ad/site including SC. The ultimate purchase decision depends on you. DrLam.com is not responsible for the content or availability of any third-party ad/site; does not warrant or guarantee the information, services, or products found on any third-party ad/site; and does not recommend any product or service found on any third-party ad/site.
Please note that DrLam.com does not monitor or verify the truthfulness, accuracy, quality or completeness of the content, links, or activities of SC or any third party advertiser and DrLam.com is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by SC or any advertiser.
Your business relationship, participation, communication and purchase of goods/services from SC or an third party ad/site are solely between you and such third party. Your use of any third party ad/site is solely at your own risk and subject to the terms and conditions of use for such sites.
DrLam.com is therefore not responsible or liable, directly or indirectly for any loss or damage of any sort incurred as the result of your relationship with SC or any advertiser or as a result of any advertisements placed on the DrLam.com website. If you have a dispute with SC or one or more advertisers or other third parties, you agree to release and hold harmless DrLam.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
I understand and agree that there is no explicit or implied guarantee or representation made by the Coaching Team that any coaching effort will be successful because each person is different and many other factors may come into play that can alter the outcome.