Terms & Conditions

  1. Acceptance of Terms
    This agreement ("Agreement") is between Dr. Larry C. Bernard (“site owner”) and you and your agents ("you" or "yours") for the use of this website (the "Site"). By using the Site, you agree to this Terms and Conditions Agreement. You can review the most current version of this Agreement at any time at this website.

  2. Ownership of Site and Restrictions on Use of Content
    The Site is owned by Dr. Larry C. Bernard (“site owner”). You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by the site owner or by licensors of the site owner. You agree and acknowledge that, notwithstanding that the site owner permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by the site owner. In addition to APA’s and its licensors' rights in individual elements of the Contents, the site owner owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part.

  3. Privacy Policy
    Dr. Bernard is committed to maintaining your trust, values your privacy and recognizes the sensitivity of your personal information. No personal information is collected by this web site. This website does not track, collect or distribute personal information about visitors. It does keep aggregate statistics that show the number of visitors to the site and requests received for particular information. These aggregated statistics are not provided to anyone else. Cookies are not used by this web site. This Privacy Policy may be changed at any time without notice. Any changes will be posted here for your information.

  4. Disclaimer of Warranties
    The use of the site is solely at your own risk. The site is provided on an "as is" and "as available" basis. The site owner expressly disclaims all warranties of any kind with respect to the site, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. The site owner makes no warranty that the site and/or any content therein will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site and/or any content therein will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease using the site.

  5. Limitation of Liability
    You expressly understand and agree that the site owner shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss or other losses (even if the site owner has been advised of the possibility of such damages) resulting from: (i) the use or inability to use the site, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the site or (iv) any matter otherwise related to your use of the site.

  6. Your Conduct on the Site
    You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any email message or any chat or message board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, 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 (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that the site owner is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site.

    You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).

    You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect the site owner or any user of the Site.

    You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

  7. Your Warranties
    By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that you and your employees' and agents' use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.

  8. Your Responsibilities
    You further agree and acknowledge that you are solely responsible for your use of the Site, and for the accuracy and adequacy of information and data furnished using the Site. You have full responsibility for the care and well-being of patients and any reliance on the Site. You acknowledge and agree that by providing the Site hereunder, the site owner is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.

  9. Disclaimer of Content
    You understand and acknowledge that the site owner expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content on this site and/or User Content review. You acknowledge and agree that you assume all risk associated with the use of any and all Content and/or User Content.

  10. Links
    The Site may provide, or third parties may provide, links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by the site owner with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and the site owner is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. The site owner makes no representations or warranties with respect to any linked site. Your use of any linked site is solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.

  11. Jurisdictional Issues
    Unless otherwise specified, the materials, information, products and services available on the Site are solely available in or applicable to the United States, its territories, possessions and protectorates. The site owner makes no representation that materials or information in this Site, or the products and services available on the Site, are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Site is further subject to United States export controls.

  12. Indemnity
    You agree to defend, indemnify and hold the site owner, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. The site owner shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.

  13. Trademark Information
    Graphics and logos are trademarks of the site owner. Other trademarks are owned by the site owner or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of the site owner or the owner of such mark.

  14. Miscellaneous
    You understand and agree that the owner may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. This Agreement constitutes the entire agreement between you and the owner. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and the owner agree that this Agreement and the relationship between you and APA will be governed by the laws of the State of California, without respect to its conflict of laws, provisions and that venue with respect to any dispute between you and the State of California will rest exclusively in the state and federal courts located in the State of California. The failure of the owner to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within 1 year after such claim or cause of action arose.