Terms and Conditions of Use and Privacy Policy of controllingyourgutfeelings.com Website

1. Agreement

Welcome to controllingyourgutfeelings.com (the “Website”), owned by Jeffrey E. Lazarus, M.D., a medical corporation (“CYGF”).

These terms and conditions outline the rules and regulations for your use of this Website and CYGF’s program that gives advice on how to control symptoms of irritable bowel syndrome and other functional abdominal pain and functional abdominal gastrointestinal disorders and the anxiety that often accompanies them (the “Program”).  By accessing the Website and accessing the Program, you accept these terms and conditions. Your acceptance of these terms and conditions constitutes a binding agreement between CYGF and you.  Do not continue to use this Website if you do not agree to all the terms and conditions stated on this page.

2. License

As used in this agreement, the term “Content” means all text and audiovisual material on the Website and in the Program. CYGF exclusively owns the intellectual property rights for all Content including without limitation the worldwide copyright in all the Content, all rights under copyright and all trademarks and tradenames.  CYGF expressly reserves all its intellectual property rights in and to the Website and the Program.

3. Rights and Restrictions on Use of the Website.

You may access and use the Content on the Website or in the Program only for your own personal use subject to the following restrictions:

You shall not:

(a)  republish any Content;

(b)  sell, rent or sub-license any Content;

(c)  reproduce, duplicate or copy any Content;

(d)  redistribute any Content by any means or methods now known or hereafter existing;

(e)  publicly perform any Content;

(f)  use this Website in any way that is or may be damaging to the Website;

(g)  engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

(h)  use this Website to engage in any advertising or marketing;

(i)  create frames around any Website page that alter in any way the visual presentation or appearance of the Website;

(j)  create any derivative work based in whole or in part on the Content.

4. Disclaimer

(a)  To the maximum extent permitted by applicable law, CYGF excludes all express or implied  representations, warranties and conditions relating to the Website and/or the Program.  Without limiting the generality of the foregoing, CYGF makes no warranty, representation or guarantee of the effectiveness of the Program on your GI condition.

(b)  The limitations and prohibitions of liability set in this Section 4: (i) are subject to the preceding paragraph and (ii) govern all liabilities arising under the disclaimer, including liabilities arising in   contract, in tort and for breach of statutory duty.

(c)  You agree and understand that when you access the Program there is no patient/physician relationship established with Jeffrey E. Lazarus, MD, FAAP, or with CYGF.

(d)  You understand that you or your child should be evaluated by a primary care clinician prior to starting the Program and if you or your child has any significant psychological problem, you understand that you or your child should be evaluated by a mental health professional.

(e)  In no event shall CYGF or any of its officers, directors or employees be responsible for any consequential, special, punitive or incidental damages, including, without limitation, lost revenue or profits, in any way arising out of or related to this agreement and/or your use of the Program even if you have been advised of the possibility of such damages.

(f)  The exercises recommended in the Program are designed to facilitate the learning of skills and attitudes that research has shown to be effective in helping children, adolescents, and adults, gain control over their GI symptoms and anxiety.

(g)  Since this information is being taught as an in-home on-line streamed service, it is not, nor is it intended to be, considered as receiving individualized therapy or treatment for this problem.

(h)  Individualized treatment typically takes place in a professional’s office where patients who have these issues are therapeutically managed. The Content on the Website and in the Program is in no way a substitute for medical treatment and should only be used after a complete medical evaluation.

5. Changes

CYGF reserves the right, at its sole discretion, to modify or replace these terms at any time and by using this Website you are expected to review these terms and conditions on a regular basis.

6. Assignment

CYGF may assign, transfer and subcontract its rights and/or obligations in and to the Website or the Program without notice to you.  You shall not assign, transfer or subcontract your rights and obligations under these terms and conditions to the Website and/or the Program.

7. Privacy Policy

This privacy policy notice discloses the privacy practices of the Website.  This privacy policy notice applies solely to information collected by the Website. By visiting the Website, you consent to this privacy policy regardless of whether you purchase the Program.

(a)  This policy will notify you of the following:

• (i) What personally identifiable information is collected from you through the Website, how it is used, and with whom it may be shared.
• (ii) Which choices are available to you regarding the use of your data.
• (iii) The security procedures that are in place to protect the misuse of your information.
• (iv) How you can correct any inaccuracies in the information.

(b)  CYGF may record information such as your IP address and basic tracking elements from Google Analytics and your name and email address. It may also record your billing address, phone number, and credit card information if you purchase the Program.   CGYF may use this information to send you emails if you opt-in for emails and to initiate and complete the ordering process if you purchase the Program.  CGYF will use your information to respond to you for the reason you contacted CGYF.

(c)  CGYF is the sole owner of the information collected on the Website. The Website only has access to, and collects, information that you voluntarily give the Website or the Program via email or other direct contact from you such as your name, email address and phone number.   However, the Website may automatically record certain information from your system by using cookies and other types of tracking technologies like Google Analytics.  You can opt out of the Google Analytics without affecting how you visit the Website by logging on to https://tools.google.com/dlpage/gaoptout.

(d)  In order to gain access to the Program Dashboard, if you purchase the Program, you must first complete the registration form. During registration you are required to give certain information (such as name and email address) and to create an account profile. This information is used to contact you about the Program.

(e)  CGYF will request information from you on the order form.   To purchase the Program you must provide contact information and financial information (like credit card number and expiration date). This information is used to process orders.  If CYGF has trouble processing an order, it will use this information to contact you.

(f)  While CYGF will not sell, rent or otherwise disclose this information to any other parties, CGYF may share your information on a confidential basis with third parties who need to know in order to operate its business and process orders. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

(g)  CYGF takes reasonable precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline.  However, no exchange of information via the Internet is completely secure from unauthorized access.  By accessing the Website, you assume the risk of the Website being hacked. You agree that CGYF is not responsible for any intercepted information shared through the Website without its knowledge or consent. Additionally, you release CGYF from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

(h) You may opt out of any future contacts from CGYF at any time.  You can do the following at any time by contracting CGYF via the email address given on the Website:

• (i)    See what data CGYF has about you, if any.
• (ii)   Change, correct and/or delete your data
• (iii)   Express any concern you have about CGYF’s use of your data.

(i) The Website may contain links to third-party websites or services that CYGF does not own or control.  CYGF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that CYGF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

8. General Terms

This agreement shall be deemed to be made in the State of California and its validity, construction and effect shall be governed by the laws of the State of California applicable to agreements wholly performed therein.  All disputes under this agreement shall be submitted exclusively to the state or Federal courts located in San Francisco, California, each party hereby agreeing to submit to the jurisdiction of said courts.  Service of legal process in any such action shall be made by certified or registered mail, return receipt requested and shall be effective as of the day such process is actually received by the addressee. If any provision hereof shall for any reason be illegal or unenforceable, then, and in any such event, such unenforceability shall not affect the validity of the remaining provisions hereof, and the illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to render it legal and binding.  No waiver of any breach of any of the terms or provisions of this agreement shall be, or be construed to be, a waiver of any preceding or succeeding breach of the same or any other provisions hereof. This agreement constitutes the entire and only agreement of the parties related to the subject matter hereof, superseding all previous agreements, negotiations, and understandings, whether oral or written, and there are no other or collateral agreements, oral or written, between the parties in any manner relating to the subject matter hereof. Nothing contained in this agreement shall be construed to require the commission of any act contrary to law or the omission of any act required by law, and wherever there is any conflict between any provision of this agreement and any present or future statute, law, ordinance or regulation, the latter shall prevail, but in such event the provision of this agreement so affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements, and such curtailment shall not affect the enforceability of this agreement. This agreement shall be binding on and inure to the benefit of the parties and their heirs, executors, administrators, successors and assigns. This agreement may be changed, cancelled, or modified only by a writing executed by the party to be charged. The headings of the paragraphs hereof are for convenience only and shall not be deemed to limit or in any way affect the scope, meaning or intent of this agreement or any portion hereof.