These Terms of Service apply to any website provided by Marcela Magda Popa, MD (hereafter “Dr. Popa” or “we”), including the sites at marcelamagdapopamd.com and drpopaslist.com, and to any products, services, or information (collectively, the “Services”) offered by Dr. Popa or her publisher, Birch Paper Books, on such websites whether or not publicly accessible

                                             TERMS & CONDITIONS of SERVICE

Welcome to the Dr. Popa’s ‘Keep Away from GRAS!’

This document sets out your rights and responsibilities for using the Sites.

As used herein, “Sites” means the websites at marcelamagdapopamd.com and drpopaslist.com, and any other sites provided in connection therewith, unless expressly excluded or where a separate policy is provided.

 

                       Please Read This Agreement Carefully Before Agreeing

Please read these terms carefully because all uses of the Sites are subject to these terms and conditions (“Terms” or “ToS”) as provided in this policy. By using the Sites, you are acknowledging that you have read these Terms and agree to them.

If you do not agree to the Terms, you may not use the Sites. There are no exceptions. You must be at least fourteen (14) years old to use the Sites without the supervision of a parent or guardian.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Sites and Services. This Agreement includes our Acceptable Use Policy, Privacy Policy, and any other policies or notices regarding the Sites and/or Services.

Electronic Form. By accessing the Sites or Services, or by becoming a User/Subscriber, you consent to have this Agreement provided to you in electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To request a non-electronic copy of this Agreement, please send a written request to:

Access and Retention. If you wish to retain a copy of this document for your records, please print it or store it electronically with your personal records. You are responsible for any costs or fees associated with printing or storing this document.

 

We reserve the right to amend or change all or parts of these Terms from time to time. Any such amendments or changes will be posted here and shall constitute the new terms and conditions for the Sites henceforth.

                      Authorized Uses of The Sites (“Acceptable Use Policy”)

The Sites are the exclusive and private property of Dr. Marcela Popa unless otherwise stated. Use of the Sites are permitted under a “limited license” that provides you access on these Terms and permits personal use of the Sites.

Your right to access and to use the Sites are personal to you and may not be shared with any other person or persons.

Permissible uses of the Sites include those uses which would normally be associated with any website of a primarily informational nature, and which are not expressly prohibited herein. For example, you may browse and view the Sites, and read or watch any content provided.

The Sites are primarily informational websites providing learning materials related to the business, products, and services of Dr. Popa, and related information, such as information on the underlying diseases, autoimmune conditions, health status, chemical components or ingredients, GRAS list details, or the like.

Access to the Sites and the Acceptable Use Policy require each user to understand and acknowledge that although Dr. Popa is a medical doctor, the information provided on the Sites IS NOT MEDICAL ADVICE. Rather, the information provided is based on her personal research and her own experiences as a patient who has suffered with various chemical sensitivities that have largely defied medical diagnoses. Dr. Popa has learned that any number of her own symptoms have dissipated or are controlled by minimizing or even eliminating exposure to certain chemicals found in common goods, even though many of those chemical compounds are considered by the Food & Drug Administration to be generally recognized as safe (GRAS). Dr. Popa has personally researched a number of these compounds and reveals information that is not commonly known in her book “Keep Away from GRAS.” Despite her medical training, Dr. Popa is not a degreed chemist and at this stage of her work she is stating her personal opinions, advice, and experiences from the perspective of a patient, rather than her medical opinion with the hope that this information may be helpful to others suffering from similar chemical sensitivities to GRAS compounds. Nothing on the Sites is intended to not intended to diagnose, treat, cure, or prevent any disease or illness. You should consult a physician for any medical conditions you have or symptoms you are experiencing.

Thus, the primary use of the Sites for registered/authorized users will be to utilize the information provided to enhance understanding of the subject(s), and to interact with or request additional information from the Sites.

In some cases, a video, blog post, or other content may provide an opportunity for commenting directly via the Sites or indirectly via social media. If so, you are free to join the conversation. You may have the ability to interact with and/or share opinions or experiences with other visitors to the Sites in such cases.

At times, you may be able to provide feedback, suggestions, or input to us directly in certain areas of the Sites.

You may be invited to participate in voluntary surveys or polls, or you may have the opportunity to benefit promotions on the Sites. Other uses will be stated or provided                 on the Sites from time to time.

While there are many permitted uses of the Sites as detailed above, not all uses are permitted.

                       Unauthorized Use of The Sites or The Content is Strictly Prohibited.

No unauthorized commercial uses are allowed of the Sites or any of the content without written permission.

1.                Intellectual Property, Use of Software Extraction Tools Prohibited:
   Unless expressly stated otherwise, all of the Sites content, including any written, audio, or video content, and any whitepaper or other information, is original and is subject to copyright protection. See our Intellectual Property provisions below. In short, we reserve all rights under copyright and similar laws in the US and other jurisdictions. You may not copy or reproduce any content or information from the Sites except where expressly provided for that purpose. If you do copy or reproduce any information without permission, we may immediately terminate your access, and you may be responsible for damages for infringing copyrights on our materials.

Except as otherwise expressly provided herein or on the materials themselves, you may not download or copy our information yourself, and you may not use software,                robots, data mining tools, ‘scrapers’, extraction tools or the like to access, download, or obtain content or data from the Sites.

 

2.               Use is Limited to Standard Browsers and Devices.

You may only use a standard web-browser to access the Sites. Use of any other software to access the Sites or our database(s) is in violation of these Terms. You may access the Sites via any standard device (e.g. using a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or the like). Any use of the Sites that could in any way damage or impair the functionality for other users is prohibited.

 

3.                You Must Use Authorized Login Credentials to Access Any NonPublic Areas of the Sites.

If nonpublic areas of the Sites are provided, you may only access such areas of the Sites using authorized login credentials provided to you by Dr. Popa, or permitted by Dr. Popa. You may not attempt to gain unauthorized access to the Sites through any means including hacking, password guessing, code injection, IP spoofing, use of backdoors, or any other means. All such uses are strictly prohibited.

 

                       Privacy Policy

Users of the Sites should refer to our Privacy Policy for detailed information about how we collect and use information. Our general policy is to disclose information only to enhance your user experience or to improve the Sites, or where required to provide Services you have purchased or registered for, or where required by law.

Dr. Popa assumes no responsibility for information that you make public. In some instances, posting comments or questions may be possible. In some instances, discussions of various learning materials may be possible. Social plugins may be used to implement functions of various social media sites. You should assume that such areas of the Sites are “public” and that any such functions are viewable by other members of the community, and/or by the public in general. You assume all responsibility for any personal information that you post publicly on the Sites (including via social media). You understand that such information may be publicly viewable and may be, and probably will be, publicly accessible via search engines or other means on the public Internet. Moreover, Dr. Popa will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others on any publicly accessible portion of the Sites. You should always carefully review any information or documents you post and remove or redact any personal identifying information you do not wish to disclose such as social security numbers, birth dates, phone numbers, credit card numbers, or the like.

                       Intellectual Property Policy

You agree that you will not remove, replace, or obscure any copyright, trademark, service mark, or other indicia of source or ownership, nor any notices or legends used in connection with any content, information, products, or services provided on the Sites. Any effort to remove, obscure, or replace such marks is a violation of these Terms.

The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Sites including any whitepapers, reviews, videos, or the like, even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends.

You may not download or copy ANY of our content in ANY area of the Sites, except in accordance with these Terms, and as expressly stated in specific parts or portions of the Sites. If a file or any content on the Sites are intended for and made available for downloading, there will be downloading instructions, which will tell you that you can download it. You also may not share any of our content unless it expressly indicates that you may share it. You may not share it publicly or privately. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission. If a sharing button or similar means of sharing is provided for any content, then you may only share that content using the provided means.

You agree to respect the rights of others including their intellectual property rights and moral rights in connection therewith. You agree that you will not engage in any activities in connection with the Sites that violate privacy laws or laws pertaining to defamation or libel, or the like, or any applicable laws or regulations in your locale.

 

            Copyright

Unless otherwise noted, all of Dr. Popa’s content, including the content on the Sites, is copyrighted by Dr. Popa and protected by United States and international copyright laws. Any third-party content provided by users may be copyrighted by such third parties and its use on the Sites is solely for discussion, commentary, and educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.

 

                        Trademarks

DR. POPA, KEEP AWAY FROM GRAS and other trademarks and service marks referenced herein are trademarks and service marks of Dr. Popa.

Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners.

Dr. Popa’s marks may not be used for any purposes without written permission, regardless of purpose. For the use of any mark that is the property of a third-party, permission should be obtained from the owner if required. For purposes herein, mere discussion or commentary that may involve federally trademarked names or names protected under the common law is believed to be nominative use(s) that are permissible and not subject to restriction.

 

                       External Links/Affiliate Relationships

The Sites may at times mention, suggest, or provide listing(s) of third-party resources or providers that we believe may be useful for visitors. We may provide hyperlinks (or “links”) to resources, products, or services we find helpful in our business, or that we believe may be helpful to your business. These links may direct you to or connect you with third party websites that are not related to the Sites. Such websites are third party-owned and operated sites that are not prepared, owned, or controlled by Dr. Popa.

Dr. Popa is not responsible in any way for the quality, content, nature, applicability, or reliability of sites accessible by hyperlink from the Sites. Unless we say otherwise, our inclusion of a hyperlink to an external website is not an endorsement of the sites, products or services by Dr. Popa, nor a guarantee by us that the information or other material linked is accurate, current, or available. Dr. Popa assumes no responsibility and has no liability for any external links or any content on such third-party sites. We likewise make no claim regarding and accept no responsibility for sites that link to our Sites.

Further, our decision to mention, suggest, or provide links to external or third party sites does not imply affiliation, endorsement, or adoption of those sites or any information contained therein. You understand that Dr. Popa is not in a position to evaluate the quality, price, advisability of, or satisfaction that you may have with such products or services.

If Dr. Popa or the Sites’ owners have an affiliation, or business relationship with such other site or service provider, we will generally identify any such relationships clearly so that you understand that even though we endorse a particular product or service, use it in our business, or believe it to be helpful, we may also benefit in some way (even if indirectly and intangibly) if you choose to do business with the recommended business or site. If you have any doubt as to whether we receive some benefit or not, you should assume we do, if that fact will impact your decision as to whether or not to visit a site, utilize a resource, or purchase a product or service.

If you choose to leave the Sites via a link to browse a third-party site, you should be aware that these Terms, our Privacy Policy, and other Dr. Popa policies no longer apply. You should review the applicable terms and policies, including privacy and data-gathering practices, of whatever site you go to, whether or not you followed a link from the Sites to get there.

                        Accuracy of Information and Descriptions

                         1.              Our Information

Dr. Popa attempts to be as accurate as possible in the information and descriptions including with respect the content of the learning materials on the Sites. We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every piece of information on the Sites are 100% accurate, complete, reliable, and/or error-free.

                         2.           Your Information

When accessing any product or service through the Sites where information input is required, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or other information you provide to Dr. Popa is yours and/or registered to you and/or your use of such information is with permission. You understand that Dr. Popa can bar your access to and use of the Sites if we believe that you have intentionally provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are entering information on behalf of a company or other entity, you are authorized to do so, and have sufficient authority to commit that company in a transaction if doing so.

 

                        Additional Terms

This Terms of Service agreement is also governed by the provisions below. You must agree and abide by these terms.

                      1. No Warranties are Made

Dr. Popa makes no warranties, expressed or implied, regarding the content, information, products, or services provided on the Sites. No warranties or guarantees are made as to the suitability of any information on the Sites for your particular needs or health condition. Your use of the Sites is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take, and any or business decisions you make based on something you read, saw, watched, or heard on the Sites. You should always consult medically qualified people for proper diagnosis and before undertaking any change in the medicines you are taking.

Dr. Popa may advocate or share her experiences with respect to minimizing exposure to or even avoiding certain compounds. Dr. Popa does not disparage any particular brands for the presence of compounds that are generally recognized as safe. Most people may not be sensitive to such chemical compounds. And some of the compounds or formulations Dr. Popa identifies in certain products may not be present in similar products of different brands or from different sources. Each person must make their own determinations of their sensitivity to or tolerance of any particular chemical. If you do not believe you are qualified to assess your sensitivity or ability to tolerate such compounds and do not fully understand the risks, you should seek qualified professional help.

All information, content, information, data, case studies, services, or products on the Sites are provided on an “AS IS,” and “AS AVAILABLE” basis.

Unfortunately, despite our efforts, the information Dr. Popa provides may not always be available to you when you would like access. We may, on occasion, suspend and/or deny access to the Sites for updates, scheduled or unscheduled maintenance, enhancements, upgrades, improvements or corrections. We reserve the right to take down, remove, or archive information at our discretion.

Dr. Popa strives to use commercially reasonably efforts to keep the Sites and our content up to date and to avoid mistakes, however, notwithstanding those efforts, the information and materials may contain typographical errors or inaccuracies, or may become outdated. Dr. Popa does not make any guarantees that any information will be updated, changed, or amended after it is posted, or that will occur in a timely fashion relative to a change in e.g. the science literature or law.

Your sole recourse in the event you are unhappy with any particular information, content, product, or service is any stated or written guarantee. There are NO other warranties or guarantees made related to the use of the Sites or the information, content, products, or services provided. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

                        Dr. Popa’s Liability is Strictly Limited

Dr. Popa is not and will not be responsible for any loss or damage that you might incur as a result of using the Sites or the content, information, or the like, whether it results from an act or an omission by us or any other party, including another user. You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind, even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user’s equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

In all cases, our total liability based on your use of the Sites shall be limited to the agreed-upon liquidated damages of $50.00. Moreover, you agree that any such claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.

 

                       Accountability.

You agree to be held accountable for your behavior on the Sites, where applicable. To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless Dr. Popa and its affiliates, subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including cost and/or attorneys’ fees) made or incurred by any third-party arising out of and/or relating to your use of the Sites, your violation of our Terms of Service, and/or your violation of any rights of a third party.

As to any portion of the Sites that permits comments, questions, discussion, or social interaction, you understand that you may not post any comments, questions, or discussion points that include the intellectual property of a third party without authorization. You agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Sites of any third party. You understand that your indemnification will include any harm caused to us by such posts or comments.

 

                        No Conflict of Interests  

If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not to comment or post information about that site, product, or service without disclosing your interest. You also agree to never to post under an assumed name or use a false identity on the Sites for personal gain, or to avoid disclosing your interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another person make such comments or posts for your benefit or gain.

 

                        Jurisdiction and Binding Arbitration

These Terms, as well as the Privacy Policy for the Sites shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to conflict of laws principles. In accordance with the clause below, you also expressly agree to arbitrate any and all disputes arising out of or relating to the Privacy Policy, Terms of Service and/or your use of the Sites. You consent to the exclusive jurisdiction and venue in the courts of Bergen County, New Jersey, U.S.A. to resolve any issues that cannot be resolved by arbitration, including the validity of the arbitration clause provided herein.

Any disputes arising under these Terms, Dr. Popa’s Privacy Policy, or from your use of the Sites shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association commercial arbitration rules. All arbitration shall be held in Bergen County, New Jersey, USA, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by Dr. Popa.

These Terms and the Privacy Policy constitute written agreements between you and Dr. Popa with respect to the Sites, your access, and your conduct. The Terms and our Privacy Policy as published on the Sites supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Sites. A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form.

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected.

The provisions of this section survive any termination of the Terms.

 

INTERNATIONAL USE

The Sites are controlled and operated by Dr. Popa from Fort Lee, New Jersey, United States of America. Because the Sites are hosted on the World Wide Web, access may be available in other countries. Dr. Popa is happy to make the information, products, and/or services available to people in any country where legal. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, Dr. Popa makes no representation that materials on the Sites are appropriate or legal for use in any locations outside the United States. If you have access to the Sites from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and a violation of these Terms. If you choose to access the Sites from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.

 

Your continued use of the Sites is your acceptance of the foregoing Terms of Service in their entirety.

 

Questions regarding these Terms of Service may be directed to:

legal@marcelamagdapopamd.com

 

Please enjoy the Sites!                                                                        rev. 112119