Terms of Service

This Terms of Use Agreement (this “Agreement”) is entered into by and between drjameslozada.com (the “Author”) and “you,” the user of this website, also known as “M. James Lozada, D.O.” (the “Site”). Access to, use of, or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using, or browsing the Site, you agree to these terms and conditions.

This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing, or browsing the site constitutes acceptance of these terms and conditions. If you decline to be bound by every term and condition set forth herein, please exit the site immediately and do not use, access, or browse the site.

You acknowledge and agree that you have read and understood these terms and conditions by entering the site. You further agree that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable. Your agreement to follow and be bound by these terms and conditions is voluntary. It is not the result of fraud, duress, or undue influence exercised upon you by any person or entity.

Medical advice disclaimer

The Author provides the Site and the services, information, content, or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing, or browsing the Site or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional, or to be a substitute for the medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained on the Site, and you should consult a physician licensed in your state in all matters relating to your health. You agree that you shall not make any health or medical-related decision based in whole or in part on anything contained in the Site.

Financial, legal, and other advice disclaimer

You acknowledge that nothing in the Site shall constitute financial, investment, legal, or other professional advice. Furthermore, no professional relationship of any kind is created between you and the Author. You agree that you shall not make any financial, investment, legal, or other decision based in whole or in part on anything contained in the Site.

Information disclaimer

The opinions expressed on the Site are not necessarily endorsed by or represent the views of the Author. The Information contained on the website does not necessarily reflect the opinion of his employer(s), specifically, Vanderbilt University Medical Center, YPS, or any other hospital system, anesthesia management company, or locum tenens agency. The Author creates the Site in the Author’s individual capacity, is the Author’s personal web site, is not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.

Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

Posting guidelines

The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user-generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post content that contains computer viruses or other code designed to disrupt, damage, or limit the functioning of computer software or hardware.

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author the right to remove any content or comment that, in the Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of the Author the right to modify, adapt, and edit any content.

Third-party links and advertisements disclaimer

The Site may, from time to time, contain links to third-party websites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content, or data on such third-party web sites or as an indication of any affiliation, sponsorship, or endorsement of such third-party web sites. The Author is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation. The author makes no representations or warranties about any product or service contained therein.

Disclosures

Amazon links on the Site may be affiliate links.

Disclaimer of all warranties 

The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the preceding, the Author makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of the Information, that the Information may be relied upon for any reason, or that the Information will be uninterrupted or error-free or that any defects can or will be corrected.

Without limiting the generality of the preceding, the Author makes no representations or warranties concerning any Information offered or provided within or through the Site regarding the treatment of medical conditions, action, or medication application.

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or any other person for any direct, indirect, special, incidental, exemplary, consequential, or other damages under any legal theory, including, without limitation to, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the preceding, the Author shall have absolutely no liability in connection with the Site for:

  1. damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions, or computer failure or malfunction;
  2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
  3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
  4. any decision made, or action taken or not taken in reliance upon the Information.

Reservation of intellectual property rights

The Site is protected by the United States copyright laws. The Author reserves any and all intellectual property rights in the Site.

Age restriction

The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use, or browse the Site.

Indemnification

You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of the law that occurs by you through the Site, or (3) anything you do using the Site or the Information contained therein.

Invalidity

If any provision of this Agreement is held to be invalid or unenforceable in any jurisdiction, either in whole or in part, then that provision shall be deemed ineffective in such jurisdiction but shall not affect the enforceability of the remaining provisions.

Governing law, consent to jurisdiction, and limitation on claims

This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed under the State of Texas laws without regard to conflict of laws principles. You agree to submit to the jurisdiction of courts in the State of Texas. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

Entire agreement

You acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

Modification

In the Author’s sole and absolute discretion, the author may modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

Waiver

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

The site and the information therein are made available by the author strictly for educational purposes. The Information is not intended to provide medical advice. You understand and acknowledge that there is no physician-patient relationship between you and the author. You further acknowledge your understanding that the site should not be used as a substitute for competent medical advice from a licensed physician in your state.

Data privacy

  1. General obligations and limitations. You acknowledge and provide express consent for the use and disclosure of personally identifiable and other data and information you provide to drjameslozada.com through the Site, as described in our Privacy Policy. You are responsible for complying with all applicable data protection and privacy laws regarding your use of the Site and concerning any personal data that you provide to drjameslozada.com. In particular, you must ensure you have informed and obtained all necessary rights, authorizations, or consents from any data subjects to whom the data relates, to enable drjameslozada.com to access their personal data under this Agreement lawfully and to process their personal data outside of their country of residence. You acknowledge that email is potentially insecure when not encrypted in transit. The security of information transmitted through the Internet can never be guaranteed. M. James Lozada, D.O. is not responsible for any interception or interruption of Internet communications or for changes to or loss of your content. M. James Lozada, D.O. may process and store your content in the United States or any other country in which drjameslozada.com or its agents maintain facilities and, by using the Site, you consent to this processing and storage of your content.
  2. EU data privacy. For this Agreement, the terms “personal data,” “processing,” and “data subject” have the same meanings as those given to them in EU General Data Protection Regulation 2016/679 (GDPR).

 

Last updated: Feb 20, 2021