Description of Services: Second Opinion Physician, P.C. (“SOP”) currently provides users access to an extensive amount of resources through its website, BiotypeNutrients.com, over the telephone, and through its other programs, including, but not limited to, health, medical and legal content, social media groups, online forums, help-lines, support groups, online tools, merchandise offerings, and various communication tools (the “Services”).
SOP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR LEGAL ADVICE:The contents of BiotypeNutrients.com and the Services provided by SOP, including, but not limited to, text, graphics, photographs, software and other material (the “Content”), is presented for informational purposes only. SOP will use reasonable efforts to include up-to-date and accurate information in BiotypeNutrients.com and the Services, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third-party information, such as, but not limited to, press releases, articles, or information from third-party web sites linked to or from BiotypeNutrients.com. SOP and its officers, directors, employees, affiliates, agents, volunteers, and sponsors disclaim any responsibility and liability of any kind in connection with the use of the information contained herein or pursuant to the Services. You understand that by using the Services, you may be exposed to content that may include technical, typographical, scientific or photographic errors or that may be offensive, indecent or objectionable. You acknowledge if you find any inaccurate, out-of-date or incomplete information or content on this website, or if you suspect that any content posted on this site is an infringement of another’s intellectual property rights or is otherwise unlawful, please let us know immediately by contacting info@BiotypeNutrients.com. We will take reasonable measures to review and investigate all inquiries, and we reserve the right to take any action (or refrain from action) as we deem appropriate under the circumstances.
The materials on BiotypeNutrients.com and in the Services and the suggestions contained therein in no way should be construed or substituted for professional medical or legal advice. SOP is by no means responsible for any accusations, legal actions, damages or adverse judgments due to use of or reliance upon these materials.
For individuals using BiotypeNutrients.com or the Services for their own purposes: The information on BiotypeNutrients.com and from the Services, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment, or professional legal advice.
This information is not intended as medical advice and should not be used for, nor is it intended to constitute, a medical diagnosis or treatment. Information on BiotypeNutrients.com and from the Services is not provided in the course of a professional relationship between a healthcare provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. SOP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on BiotypeNutrients.com or through the Services. Mitochondrial disorders are different from one individual to the next; treatment and symptoms may vary widely. You should not use BiotypeNutrients.com or any of the Services to make decisions about your personal health. This information is not intended to replace the advice of a doctor or other qualified health provider. You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care. If you think you may have a medical emergency, please call or see your doctor, or call 911, immediately and without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE, AVOID OR DELAY SEEKING MEDICAL ADVICE OR DEVIATE FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON BiotypeNutrients.com OR RECEIVED FROM A SERVICE. You should read carefully all product packaging. Reliance on any information provided on BiotypeNutrients.com or through the Services is solely at your own risk.
This information also is not intended as legal advice and should not be used to inform any legal opinion, potential claim, pending case or settlement. Information on BiotypeNutrients.com and from the Services does not create an attorney-client relationship or privilege between any individuals, nor should it be considered a replacement for consultation with an attorney. SOP does not recommend or endorse any particular attorneys. This information is not intended to replace the advice of an attorney licensed in your particular jurisdiction; you always should seek the advice of a legal professional with questions about your rights, potential claims, pending cases or possible settlements.
For medical or legal professionals using the BiotypeNutrients.com or the Services: The information on BiotypeNutrients.com and in the Services, including but not limited to any Content, is for informational and educational purposes only. Although SOP uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, SOP makes no assurances as to whether the information provided will at all times be current and does not intend to provide medical or legal advice or reflect the best medical practice for any specific circumstance. You therefore should not substitute information contained on BiotypeNutrients.com or in the Services for your own professional judgment, nor should you rely on information provided on BiotypeNutrients.com or in the Services in rendering a diagnosis, choosing a course of treatment, or providing specifically-tailored legal advice for a particular individual.
SOP assumes no responsibility or liability for the timeliness, deletion, misdelivery or failure to store any user communications or personal data or settings. All such risks shall be borne by you.
You also understand that SOP cannot and does not guarantee or warrant that files available for downloading from BiotypeNutrients.com or any of the Services will be free of infection or viruses, worms, Trojan horses, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to BiotypeNutrients.com and the Services for the reconstruction of any lost data.
Proper Use of Social Media Groups: Information shared within any SOP-moderated social media or other groups, social media area of BiotypeNutrients.com, or the Services (collectively, the “Social Media Groups”), is not reviewed or monitored by SOP. The Social Media Groups are provided for you to share personal experiences, connect with other visitors, and discuss anything relevant to the management and treatment of mitochondrial diseases. When using the Social Media Groups, you agree not to:
- Participate if you are under the age of 13;
- Post any profanity or obscenity, even if disguised with asterisks or other typography;
- Post or distribute, whether directly or through a link to another website, any vulgar, obscene, discourteous, unlawful, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, violent, lewd, pornographic, or indecent material, as determined by SOP in its sole discretion;
- Make any personal attack on any person, firm, or company;
- “Stalk” or otherwise harass another person;
- Use the Social Media Groups for or to discuss any purpose in violation of local, state, national, or international laws;
- Post, or create any link to, any material that is a breach of any data protection principle or legislation, a malicious falsehood or seditious libel, a contempt of court, or that is likely to incite or is capable of inciting violence, racial hatred, or cruelty or that encourages any unlawful or illegal act or omission;
- Use the Social Media Groups for commercial purposes of any kind, even if you disclose yourself as a representative of such commercial entity;
- Post or distribute any material that infringes on the right of a third party, including without limitation the intellectual property rights of others or the privacy and publicity rights of others;
- Post any communications containing Personally Identifiable Information (such as name, phone number, email address or website URL) of any person without their consent;
- Post “chain letters,” “junk mail,” “pyramid schemes,” any form of spam, multiple submissions to forums or comments which are identical or other forms of promotion for other sites;
- Upload media, like images or video, of other people without their permission;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Post or distribute any software or other materials that contain a Hazard, virus or other harmful component;
- Impersonate another person, whether a public figure, a member of our staff, a forum moderator, administrator or host, or other visitor to the Social Media Groups, or allow any other person or entity to use your identification;
- State or represent falsely that you are connected to, or affiliated with, any individual or entity, including SOP;
- Create any liability for SOP or cause SOP to lose (in whole or in part) the services of its internet service provider(s) or other suppliers;
- Try to circumvent the security features of the Social Media Groups, or tamper with, hack into, or in any other way disrupt or disable any computer system, server, website, router or other device used to host this website and make it available;
- Use any device, software or routine to interfere with the proper working of any Service. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of BiotypeNutrients.com and the Services; or
- Use BiotypeNutrients.com or the Services in a manner that we determine, at our sole discretion, restricts or inhibits any other user from using or enjoying them.
SOP reserves the right to:
- Edit, modify, or delete any communication posted on BiotypeNutrients.com or made in any of the Services for any reason in its sole discretion; or
SOP reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, SOP and its officers, directors, employees, affiliates, agents, volunteers, and sponsors assume no liability or responsibility to users of BiotypeNutrients.com or the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
When participating in a Social Media Group, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information contained in any Social Media Group may not be reliable and you should not make any decisions based on this information. SOP and its officers, directors, employees, affiliates, agents, volunteers, and sponsors are not responsible for the content or accuracy of any information contained in any Social Media Group. Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of BiotypeNutrients.com and the Services. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
Privacy of Children: SOP is committed to protecting the privacy of children. You should be aware that BiotypeNutrients.com and the Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Disclaimer of Warranties and Limitation of Liabilities: SOP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF SOP OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO BiotypeNutrients.com, ITS CONTENT, ALL SERVICES, ANY MERCHANDISE PROVIDED THROUGH BiotypeNutrients.com OR THE SERVICES OR ON THE INTERNET GENERALLY. SOP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VOLUNTEERS, AND SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH BiotypeNutrients.com, ALL SERVICES OR ON THE INTERNET GENERALLY. SOP DOES NOT WARRANT THAT BiotypeNutrients.com OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN BiotypeNutrients.com OR THE SERVICES WILL BE CORRECTED. BiotypeNutrients.com, THE SERVICES AND THE CONTENT MADE AVAILABLE ON THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Notice and Take Down Procedures: If you believe any materials accessible on or from BiotypeNutrients.com or any of the Services infringe your copyright, you may request removal of those materials (or access thereto) from BiotypeNutrients.com or the Services by contacting SOP’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Massachusetts and of the United States of America located in the State of Massachusetts for any litigation or disputes arising out of or relating to use of BiotypeNutrients.com and the Services and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Massachusetts Courts and agree not to plead or claim in any Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum.
International Users: SOP makes no claims that BiotypeNutrients.com, the Services or the Content is appropriate or may be accessed outside of the United States. Access to BiotypeNutrients.com, the Services or the Content may not be legal in certain countries or for certain persons. If you access BiotypeNutrients.com, the Services or the Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
No Waiver: Any delay or failure by you or SOP, at any time or times, to require performance of any provision hereof shall in no manner affect your or SOP’s right at a later time to enforce such provision. No delay or failure of you or SOP in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.