We abide by the Digital Millennium Copyright Act (DMCA) of the United States by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on the site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material, if applicable, so that they may make a counter notification, also in accordance with the DMCA.
Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. We reserve our right to seek to collect those damages.
Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as ChillingEffects.org.
We do not control content hosted on third party websites, and cannot remove content from sites we do not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving a Notice of Infringing Material you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on this site, please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
- Your physical or electronic signature.
Then send this notice:
VIA EMAIL to
VIA POSTAL MAIL to
Carolyn M. Ervin, BioRealm LLC, 340 S. Lemon Avenue, Suite 1933, Walnut, CA, 91789 USA
BioRealm LLC (“BioRealm”) operates the biorealmresearch.com website and all content, services and products available at or through the website, including, but not limited to the blog, (taken together, the Website). It is our policy to respect your privacy regarding any information collected while operating the Website.
Like most website operators, we collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how visitors use this website. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of his website.
We also collect potentially personally-identifying information like Internet Protocol (IP) addresses, and may use this information, individually or in the aggregate, for technical administration of the Website.
Terms of Service
Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by BioRealm, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.
Responsibility of Website Visitors
BioRealm has not reviewed, and cannot review, all of the material, including computer software, posted to the Websites, and cannot therefore be responsible for that material’s content, use or effects. By operating the Websites, BioRealm does not represent or imply that they endorse the material there posted, or that they believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BioRealm disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
BioRealm has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which biorealmresearch.com links, and that link to biorealmresearch.com. BioRealm does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to other websites or webpages, BioRealm does not represent or imply that they endorse any of those websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BioRealm disclaims any responsibility for any harm resulting from your use of other websites and webpages.
Copyright Infringement and DMCA Policy
As BioRealm asks others to respect the intellectual property rights, they respect the intellectual property rights of others. If you believe that material located on or linked to by biorealmresearch.com violates your copyright, you are encouraged to notify BioRealm in accordance with my Digital Millennium Copyright Act (”DMCA”) Policy. BioRealm will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BioRealm or others, BioRealm may, at the discretion, terminate or deny access to and use of the Websites. In the case of such termination, BioRealm will have no obligation to provide a refund of any amounts previously paid to BioRealm.
This Agreement does not transfer from BioRealm to you any of BioRealm’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BioRealm. BioRealm, biorealmresearch.com, the biorealmresearch.com logo, and all other trademarks, service marks, graphics and logos used in connection with biorealmresearch.com, or the Websites are trademarks or registered trademarks of BioRealm or BioRealm’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any BioRealm or third-party trademarks.
BioRealm reserves the right, at the sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. BioRealm may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
BioRealm may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Websites are provided “as is”. BioRealm and the suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BioRealm nor the suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
Limitation of Liability
In no event will BioRealm, or the suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BioRealm under this agreement during the twelve (12) month period prior to the cause of action. BioRealm shall have no liability for any failure or delay due to matters beyond the reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless BioRealm, the contractors, and the licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to out of your violation this Agreement.
As a convenience, our Websites may allow you to export your data to your local computer in various file formats. BioRealm reserves our right to remove this feature at any time, and without notice. In the event this feature is removed, BioRealm will have no obligation to provide a refund of any amounts previously paid to BioRealm. Further, the availability, format and order of individual columns, and the specific file formats available for download, may change at any time, and without notice.
This Agreement constitutes the entire agreement between BioRealm and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by BioRealm, or by the posting by BioRealm of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Websites will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BioRealm may assign the rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.