Medical Device Quality Assurance and Compliance Professionals

Disclaimers

DISCLAIMERS

Medical Disclaimer

THE LOVETT CONSULTING WEBSITE IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE

All information, content, and material of the Lovett Consulting website is for informational purposes only and are not intended to serve as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider.

 

The information supplied through or on the Lovett Consulting website, or by any representative or agent of Lovett Consulting, whether by telephone, email, letter, facsimile or other form of communication, is for informational purposes only and does not constitute medical, legal or other professional advice. Health-related information provided through the Lovett Consulting website is not a substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medical devices or other remedies.

The information on the Lovett Consulting website may be presented in conclusory, shorthand or summary form and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product. The information contained on this website is compiled from a variety of sources and is not considered complete. The information accessed through this website is provided “AS IS” and without any warranties, whether expressed or implied.

The receipt of any questions or feedback that you submit to Lovett Consulting does not create a professional relationship and does not create any privacy interests. YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION PROVIDED BY THE MANUFACTURER OF ANY PRODUCTS OR DEVICES BEFORE USING THEM.

Medical Emergency

If you have a medical emergency, call your doctor or 911 immediately.

Legal Disclaimer

The Lovett Consulting website includes clinical tools and content intended for use by healthcare professionals. These tools do not give professional advice; physicians and other healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide. Consumers (non-medical professionals) who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, non-medical users users should always consult their physician or other qualified healthcare professional.

Lovett Consulting content developers have carefully tried to create its content to conform to the standards of professional practice that prevailed at the time of development. However, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources.

The contents of the Lovett Consulting site and apps, such as text, graphics, and images are for informational purposes only. Lovett Consulting does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site.

While information on the Lovett Consulting site has been obtained from sources believed to be reliable, neither Lovett Consulting nor our content providers warrant the accuracy of the information contained on this site.

Lovett Consulting does not give medical advice, nor does it provide medical or diagnostic services. Medical information changes rapidly. Neither Lovett Consulting nor its content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.

Your reliance upon information and content obtained by you at or through the Lovett Consulting site is solely at your own risk. Neither Lovett Consulting nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the content or services provided to you.

Copyright

When content from original works is included on the Lovett Consulting site, Lovett Consulting provides references which are the intellectual property of their authors/publishers (or the public domain when appropriate).

If you believe this use violates your copyright(s), please do not hesitate to send Lovett Consulting an email and it will remove the offending content.

Indemnification

You agree to defend, indemnify and hold harmless Lovett Consulting, its managers, members, agents and representatives from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with Lovett Consulting and you use of the Lovett Consulting website.  Lovett Consulting reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with Lovett Consulting in asserting any available defenses.

Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to the products or services sold or distributed by Lovett Consulting or through Lovett Consulting, will be resolved by binding arbitration rather than in court, with the following exceptions:

•          You may assert claims in small claims court if your claims apply;

•          In the event that the arbitration agreement herein is for any reason held to be unenforceable, any litigation against Lovett Consulting (except for small-claims court actions) may be commenced only in a state court located within Contra Costa County, California and you and Lovett Consulting hereby consent to the jurisdiction of those courts for such purposes.

This arbitration agreement is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of your Agreement with Lovett Consulting. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Lovett Consulting, LLC, C/O Israel & Samuels, LLP 1615 Bonanza St., Suite 305, Walnut Creek, CA  94596. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules, but in no event will Lovett Consulting pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Contra Costa County, Pennsylvania. In the event that the location of the Arbitration is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.

You and Lovett Consuilting agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Statement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

 Nothing contained in this Statement will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.  The terms and conditions set forth in this Statement represent the entire understanding and agreement between you and Lovett Consulting relating to the precise subject matter herein and supersedes any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by Lovett Consulting .  Any waiver of any provision of these terms must be in writing signed by Lovett Consulting to be valid.  A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.  If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.