Terms of Service

 

General
This website (DrRalphEsposito.com) is owned and operated by Dr. Ralph Esposito. By using the
Site, you agree to be bound by these Terms of Service and to use the Site in accordance with
these Terms of Service, our Privacy Policy, our Shipping Policy, our Return Policy and any
additional terms and conditions that may apply to specific sections of the Site or to products and
services available through the Site or from Dr. Esposito. Accessing the Site, in any manner,
whether automated or otherwise, constitutes use of the Site and your agreement to be bound by
these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of
the Site, from time to time, in which case we will post the revised Terms of Service on this
website. By continuing to use the Site after we post any such changes, you accept the Terms of
Service, as modified.


Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property
of Dr. Esposito and/or our affiliates or licensors, and are protected by copyright, trademark, and
other intellectual property laws. The Site is provided solely for your personal noncommercial
use. You may not use the Site or the materials available on the Site in a manner that constitutes
an infringement of our rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Service or by the owner of the materials, you may not
modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium (including by email or other electronic
means) any material from the Site. You may, however, from time to time, download and/or print
one copy of individual pages of the Site for your personal, non-commercial use, provided that
you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation,
comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet
groups, social media venues, or to any of our staff via email, text or otherwise, you are
representing: (i) that you are the owner of the material, or are making your posting or
submission with the express consent of the owner of the material; and (ii) that you are 18 years
of age or older. In addition, when you submit, email, text or deliver or post any material, you are
granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative
works from, distribute, and/or publicly perform or display such material, in whole or in part, in
any manner or medium, now known or hereafter developed, for any purpose. The foregoing
grant shall include the right to exploit any proprietary rights in such posting or submission,
including, but not limited to, rights under copyright, trademark, service mark or patent laws
under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us,
and anyone authorized by us, the right to identify you as the author of any of your postings or
submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be
deemed a “work made for hire” when the work performed is within the scope of the definition of
a work made for hire in Section 101 of the United States Copyright Law, as amended. As such,
the copyrights in those works shall belong to Dr. Esposito from their creation. Thus, Dr.
Esposito shall be deemed the author and exclusive owner thereof and shall have the right to
exploit any or all of the results and proceeds in any and all media, now known or hereafter
devised, throughout the universe, in perpetuity, in all languages, as Dr. Esposito determines. In
the event that any of the results and proceeds of your submissions hereunder are not deemed a
“work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without
additional compensation, irrevocably assign, convey and transfer to Dr. Esposito all proprietary
rights, including without limitation, all copyrights and trademarks throughout the universe, in
perpetuity in every medium, whether now known or hereafter devised, to such material and any
and all right, title and interest in and to all such proprietary rights in every medium, whether now
known or hereafter devised, throughout the universe, in perpetuity. Any posted material which
are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Dr. Esposito has the right but not the obligation to use and display any
postings or contributions of any kind and that Dr. Esposito may elect to cease the use and
display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the
link does not state or imply any sponsorship of your site by us or by the Site. However, you may
not, without our prior written permission, frame or inline link any of the content of the Site, or
incorporate into another website or other service any of our material, content or intellectual
property.


Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third
parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of
such sites, or the information, products or services offered on or through the sites. In addition,
neither we nor affiliates operate or control in any respect any information, products or services
that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers, are those of the
respective authors or distributors, and not Dr. Esposito. Neither Dr. Esposito nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of any content.
Furthermore, Dr. Esposito neither endorses nor is responsible for the accuracy and reliability of
any opinion, advice, or statement made on any of the Sites by anyone other than an authorized
Dr.Esposito representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE
AND BY Dr. Ralph Esposito AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE
DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED

OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE
IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Dr. Esposito its affiliates, their
successors, transferees, assignees and licensees and their respective parent and subsidiary
companies, agents, associates, officers, directors, shareholders and employees of each from
and against any and all claims, causes of action, damages, liabilities, costs and expenses,
including legal fees and expenses, arising out of or related to your breach of any obligation,
warranty, representation or covenant set forth herein.


Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and
services online that are provided by third parties. We are not responsible for the quality,
accuracy, timeliness, reliability or any other aspect of these products and services. If you make
a purchase from a merchant on the Site or on a site linked to by the Site, the information
obtained during your visit to that merchant’s online store or site, and the information that you
give as part of the transaction, such as your credit card number and contact information, may be
collected by both the merchant and us. A merchant may have privacy and data collection
practices that are different from ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or through the Site, you may
be subject to additional terms and conditions that specifically apply to your purchase or use of
such products or services. For more information regarding a merchant, its online store, its
privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s
website and click on its information links or contact the merchant directly. You release us and
our affiliates from any damages that you incur, and agree not to assert any claims against us or
them, arising from your purchase or use of any products or services made available by third
parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through
our Site, regarding payment and delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings, are solely between you
and such third party. You agree that Dr. Esposito shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on
your behalf through the Site. You agree to use the Site and to purchase services or products
through the Site for legitimate, non-commercial purposes only. You also agree not to make any
purchases for speculative, false or fraudulent purposes or for the purpose of anticipating
demand for a particular product or service. You agree to only purchase goods or services for
yourself or for another person for whom you are legally permitted to do so. When making a
purchase for a third party that requires you to submit the third party’s personal information

to us or a merchant, you represent that you have obtained the express consent of such third

party to
provide such third party’s personal information.


Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and
email services, which allow feedback to us and real-time interaction between users, and other
features which allow users to communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via
any email services on the Site, lies with each user – you alone are responsible for the material
you post or send. We do not control the messages, information or files that you or others may
provide through the Site. It is a condition of your use of the Site that you do not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
● Interfere with or disrupt any servers or networks used to provide the Site or its features,
or disobey any requirements, procedures, policies or regulations of the networks we use
to provide the Site.
● Use the Site to instigate or encourage others to commit illegal activities or cause injury or
property damage to any person.
● Gain unauthorized access to the Site, or any account, computer system, or network
connected to this Site, by means such as hacking, password mining or other illicit
means.
● Obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site.
● Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate any local, state,
national or international law.
● Use the Site to post or transmit any information, software or other material that violates
or infringes upon the rights of others, including material that is an invasion of privacy or
publicity rights or that is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission from the owner
or rights holder.
● Use the Site to post or transmit any information, software or other material that contains
a virus or other harmful component.
● Use the Site to post, transmit or in any way exploit any information, software or other
material for commercial purposes, or that contains advertising.
● Use the Site to advertise or solicit to anyone to buy or sell products or services, or to
make donations of any kind, without our express written approval.
● Gather for marketing purposes any email addresses or other personal information that
has been posted by other users of the Site.

 

Dr. Esposito may host message boards, chats and other private/public forums on its Sites and
on other platforms. Any user failing to comply with the terms and conditions of this Agreement
may be expelled from and refused continued access to, the message boards, groups, chats or
other such forums in the future. Dr.Esposito or its designated agents may remove or alter any
user-created content at any time for any reason. Message boards, chats and other public
forums are intended to serve as discussion centers for users and subscribers. Information and
content posted within these public forums may be provided by Dr. Esposito staff, Dr. Esposito’s
outside contributors, or by users not connected with Dr. Esposito, some of whom may employ
anonymous user names. Dr. Esposito expressly disclaims all responsibility and endorsement
and makes no representation as to the validity of any opinion, advice, information or statement
made or displayed in these forums by third parties, nor are we responsible for any errors or
omissions in such postings, or for hyperlinks embedded in any messages. Under no
circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused
by your reliance on information obtained through these forums. The opinions expressed in these
forums are solely the opinions of the participants, and do not reflect the opinions of Dr. Esposito
or any of its subsidiaries or affiliates.
Dr. Esposito has no obligation whatsoever to monitor any of the content or postings on the
message boards, chat rooms or other public forums on the Sites. However, you acknowledge
and agree that we have the absolute right to monitor the same at our sole discretion. In addition,
we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or
in part, for any reason and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to satisfy any applicable law, regulation, legal process or
governmental request and to protect ourselves, our clients, sponsors, users and visitors.
This Site contains blogs, articles, recording, and podcasts that feature statements made by and
materials written by third parties. These materials are presented on this Site for informational
purposes only. The statements made and opinions expressed by third parties on this Site are
the sole responsibility of the third parties. Dr. Ralph Esposito does not necessarily agree with or
endorse any such statements or opinions. Dr. Ralph Esposito makes no representations or
warranties regarding the accuracy, reliability, or appropriateness of any such statements or
opinions.


Registration
To access certain features of the Site, we may ask you to provide certain demographic
information including your gender, year of birth, zip code and country. In addition, if you elect to
sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you
may also be asked to register with us on the form provided and such registration may require
you to provide personally identifiable information such as your name and email address. You
agree to provide true, accurate, current and complete information about yourself as prompted by
the Site’s registration form. If we have reasonable grounds to suspect that such information is
untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof). Our use of any
personally identifiable information you provide to us as part of the registration process is
governed by the terms of our Privacy Policy.

Passwords
To use certain features of the Site, you will need a username and password, which you will
receive through the Site’s registration process. You are responsible for maintaining the
confidentiality of the password and account, and are responsible for all activities (whether by
you or by others) that occur under your password or account. You agree to notify us immediately
of any unauthorized use of your password or account or any other breach of security, and to
ensure that you exit from your account at the end of each session. We cannot and will not be
liable for any loss or damage arising from your failure to protect your password or account
information.


Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR
MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR
SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE
THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE
LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE
SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE
SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND Dr. Ralph Esposito MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION
AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON
THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR
QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A
PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR
DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE
PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE
USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES
ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL
OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF
MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY,

PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. IF YOU HAVE OR SUSPECT THAT
YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED
HEALTHCARE PROFESSIONAL IMMEDIATELY.
IF YOU ARE IN THE UNITED STATES AND YOU ARE EXPERIENCING A MEDICAL
EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE
NEAREST TELEPHONE.


Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without
notice. In the event of cancellation or termination, you are no longer authorized to access the
part of the Site affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Site, and the disclaimers and limitations of
liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any
refund. Each specific product, service, event or course will specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under the U.S.
copyright law. If you believe in good faith that materials hosted by Dr. Esposito infringe your
copyright, you, or your agent may send to Dr. Esposito a notice requesting that the material be
removed or access to it be blocked. Any notification by a copyright owner or a person
authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon Dr. Esposito actual
knowledge of facts or circumstances from which infringing material or acts are evident. If you
believe in good faith that a notice of copyright infringement has been wrongly filed against you,
the DMCA permits you to send to Dr. Esposito a counter-notice. All notices and counter notices
must meet the then current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright for details. Dr. Esposito’s Copyright Agent for notice shall be Dr.
Ralph Esposito.


Assignment
This Agreement shall be binding upon and inure to the benefit of Dr. Ralph Esposito and our
respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor
any rights hereunder may be assigned without the prior written consent of Dr. Esposito
notwithstanding the foregoing, all rights and obligations under this Agreement may be freely
assigned by Dr. Esposito to any affiliated entity or any of its wholly owned subsidiaries.


Dispute Resolution
You agree that all aspects of your use of this Website is subject exclusively to the laws of the
State of Connecticut and the applicable federal laws of the United States of America, without

regard to the principles of the conflicts of laws. You agree that any dispute or claim (including
personal injury claims) related to your use of this Site is subject to the exclusive jurisdiction of
the state and federal courts located in the State of Connecticut.


Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations,
class actions, private attorney general actions, and consolidation with other arbitrations aren’t
allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise
preside over any form of a class or representative proceeding or claims (such as a class action,
consolidated action or private attorney general action) unless all relevant parties specifically
agree to do so following initiation of the arbitration.


Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is
found to be illegal or unenforceable, that clause will be severed from these Terms of Service,
and the remainder of these Terms of Service will be given full force and effect. If the Class
Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be
unenforceable and the dispute will be decided by a court.