PRIVATE MEMBERSHIP TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions carefully before using the Substack. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this Substack to the fullest extent permitted by law, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Substack.
Substack Content:
All content on this Substack is subject to change at any time without notice.
In this “Dr. Mercola's Censored Library (Private Membership)” Substack, Dr. Mercola and all individuals and entities with whom he is associated (hereinafter collectively referred to “Dr. Mercola”) attempts to ensure that information on this Substack is complete, accurate, and current. Despite Dr. Mercola’s efforts, the information on this Substack may occasionally be inaccurate, incomplete, or out of date.
To the fullest extent permitted by law, Dr. Mercola makes no representation as to how complete, accurate, or current any information is on this Substack.
Dr. Mercola may make changes to its Substack design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Dr. Mercola. Dr. Mercola does not endorse those sites and is not responsible for the content of such other sites. Please read Dr. Mercola’s policy governing such Third Party Links.
The content may not be available for use outside of the United States. Dr. Mercola makes no representation that any content is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Substack from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Our Corrections Policy:
Dr. Mercola strives to present articles in a factual manner with fact-checked, vetted and verified information. If you believe we’ve made an error or need to clarify something, please contact us at editor@mercola.com
We will respond as quickly as possible, and if a clarification or correction is in order, we will make those changes within the article itself and then note the changes or clarification at the bottom or top of the article in question. Serious errors will be placed as an “Update” at the top of the article; others will be noted at the end. We will also note how those errors came to Dr. Mercola’s attention.
We will make clarifications if the information in the article in question is factually correct, but could be more clearly stated or detailed. For balance, we also may add comments from qualified sources who offer new information that may contrast or disagree with what we’ve presented.
At that time, we may also add clarifications with supporting evidence to back Dr. Mercola’s position as to why we did not make changes.
Additionally, we invite everyone to participate in the Comments section at the end of each article, where opinions, ideas and commentary are always welcome from all sides of an issue.
How Do You Know What’s Fact and What’s Opinion in a Mercola Article?
It’s easy to know what’s opinion and what is fact-based by checking the sources and references that accompany every Mercola article.
For example, statements of fact will be fully referenced with at least one endnote and, often, multiple endnotes. When information from an outside source is used, besides endnotes, we will identify these statements with quotation marks. When extensive information from another source is used, we will indent and italicize the statements or quotes, so you can easily see that this is someone else talking, be it from an interview or a journal source.
Additionally, sources who make statements of opinion will be clearly identified — we never use anonymous sources. We also will add biographical information on any quoted source to give you an idea why that person has expertise in the topic we’re discussing.
From time to time we may invite others to write an article expressing their points of view on a particular topic. Those points may also include endnotes, but in every instance, these articles will include a byline and brief bio of the persons writing them, so you will know when someone other than Dr. Mercola is speaking.
Since Dr. Mercola is a licensed medical professional who has expertise in treating patients, many of Dr. Mercola’s articles will offer health information that Dr. Mercola has gained in decades of ongoing research in a wide variety of topics, as well as from treating more than 20,000 patients over 25 years. While Dr. Mercola’s medical knowledge can help you make positive, life-changing decisions to take control of your own health, this information is offered only as something to think about and consider, and should not be misconstrued as a treatment or substitute for seeing your own physician for medical advice on your personal care.
Use of Substack:
The entire contents of this Substack are copyrighted under United States law. Articles from this Substack may not be copied, distributed or transmitted in any way without prior written consent of Dr. Mercola. The design of this Substack and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from Dr. Mercola. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
All material on this Substack is provided for lawful purposes only. The material on this Substack shall not be used for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Substack. Dr. Mercola will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Termination of your membership for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Substack, Substack content and material, and obligates you to immediately destroy any copies of the Substack content in your possession. No refunds will be provided in the event of account termination.
Notice for Claims of Intellectual Property Violations and Agent for Notice:
Dr. Mercola respects the intellectual property of others, and we ask this Substack’s private membership members to do the same. Dr. Mercola abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at Dr. Mercola's sole discretion, that response may include removing, disabling and/or terminating access to material residing on the Substack that is claimed to be infringing, in which case Dr. Mercola will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
If you believe that your work has been copied in the Substack in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Dr. Mercola's Copyright Agent with the following information:
Reasonably sufficient details to enable us to identify the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Substack, with enough detail that we may find it on the Substack;
Your contact information so that we can contact you (including your name, address, telephone number, and email address);
A statement that you have a good faith belief that the use of the material identified above 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; and
The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
If the material that you have posted to the Substack has been taken down in response to a claim of copyright or other intellectual property infringement, you may send Dr. Mercola's Copyright Agent a counter-notification containing the following details:
Reasonably sufficient details to enable us to identify the material that has been removed to which access has been disabled, together with the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your contact information so that we can contact you (including your name, address, telephone number, and email address);
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, in any judicial district in which Dr. Mercola may be found, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
Your physical or electronic signature.
Dr. Mercola's Copyright Agent can be reached as follows:
Copyright Agent
125 SW 3rd Place Suite 205
Cape Coral, FL 33991
PHONE
Telephone: 239-599-9500
Fax phone: 847-985-0947
E-MAIL: editor@mercola.com
Attachments cannot be accepted. Accordingly, any notification of infringement or counter-notification submitted electronically with an attachment will not be received or processed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. These notice requirements are intended to comply with Dr. Mercola's rights and obligations under the DMCA and, in particular, 17 U.S.C. § 512(c), and do not constitute or act as a substitute for legal advice.
Substack Modifications:
Dr. Mercola reserves the right to modify or discontinue, temporarily or permanently, the Substack as a whole and/or any or all of the Substack features and information appearing on, or available through, any or all of the Substack with or without notice to you. Dr. Mercola shall not be liable to you or any third-party for any modification or discontinuance of such features or information on the Substack or the Substack itself.
Substack Ownership and Advertising:
This Substack is owned by Dr. Joseph Mercola, and does not host or receive funding from advertising or from the display of commercial content.
Health-Related Information:
The information contained in the Substack is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Substack (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Dr. Mercola) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated.
Submission of Information and/or Materials:
You understand that, apart from the information you provide to join this Substack channel, no personal information is required. If you voluntarily choose to provide your personal information, this information is covered under this Substack’s Privacy Policy. Dr. Mercola in no way encourages you to disclose private information on publicly accessible portions of this Substack. Dr. Mercola and Dr. Mercola’s related entities, employees, and agents are not liable for the disclosure of any personal information which you voluntarily include on the Substack. You recognize that you have no legitimate expectation of privacy in any information which you voluntarily disclose on this Substack, and, to the fullest extent permitted by law, waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. Dr. Mercola may collect and utilize any personal information, which you voluntarily provide, and may combine the personal information collected from you with information collected from others to provide a better user experience.
Other than personally identifiable information, any information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Dr. Mercola through this Substack will be considered non-confidential / non-proprietary and will become, to the fullest extent permitted by law, exclusive property of Dr. Mercola.
You acknowledge the originality of any submission you communicate to Dr. Mercola and accept responsibility for its accuracy, appropriateness and legality. You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You are responsible for your own communications and are responsible for any consequences resulting from these communications.
Dr. Mercola, to the fullest extent permitted by law, is entitled to use any information you submit for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation. We may, but are not obligated to, monitor or review any User Communications. Dr. Mercola will have no obligation to use, return, review, or respond to any information we receive from you. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Dr. Mercola retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable and may terminate your account or your use of this Substack.
SMS Terms and Conditions:
The following terms and conditions pertain to SMS text message promotions from Dr. Mercola. When you sign up to receive text messages, you will receive recurring automated marketing SMS text messages from Dr. Mercola to the mobile number provided. Message and data rates may apply. Message frequency will vary. For help, text HELP to 88088. To cancel SMS messages, reply STOP to 88088. You are not required to sign up to receive text messages to purchase goods or services.
Linking to This Substack:
Creating or maintaining any link to any page on this Substack without Dr. Mercola’s prior written permission is prohibited. Running or displaying this Substack or any information or material displayed on this Substack in frames or through similar means without Dr. Mercola’s prior written permission is prohibited. Any permitted links to this Substack must comply with all applicable laws, rules, and regulations.
Third Party Links:
From time to time, this Substack may contain links to websites or substacks that are not owned, operated or controlled by Dr. Mercola. These links are for your convenience only and are not under Dr. Mercola’s control. Dr. Mercola is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or substacks or resources. Neither we nor any of Dr. Mercola’s respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites or substacks, or any content, materials or other information located or accessible from any other websites or substacks, or the results that you may obtain from using any other websites or substacks. If you decide to access any other websites or substacks linked to or from this Substack, you do so entirely at your own risk.
Products and/or services purchased through third-party websites or substacks are subject to the Terms and Conditions of such other parties and their websites or substacks, and Dr. Mercola shall have no liability or responsibility theretofore.
Indemnity:
To the fullest extent permitted by law, you agree to indemnify and hold Dr. Mercola, including all affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Substack, your connection to this Substack, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Disclaimer of Warranties:
YOU EXPRESSLY AGREE THAT USE OF THIS SUBSTACK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, DR. MERCOLA, INCLUDING AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DR. MERCOLA AND AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SUBSTACK OR ANY ADVICE OR INFORMATION OBTAINED ON OR THROUGH THE SUBSTACK WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DR. MERCOLA OR AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUBSTACK OR INFORMATION OBTAINED ON OR THROUGH THE SUBSTACK OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED ON OR THROUGH THIS SUBSTACK. THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS SUBSTACK MAY BE OUT OF DATE, AND NEITHER DR. MERCOLA NOR AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS.
Liability Restrictions:
To the fullest extent permitted by law, Dr. Mercola shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Substack or any information obtained on or through the Substack, Substack interruption, suspension or termination, even if Dr. Mercola and/or affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, including, without limitation, damages from: downloading any material contained on or accessed through the Substack; linking to any third party website or substack from the Substack; any unauthorized access to any information on the Substack and/or submitted by you to or through the Substack; messages received or entered into through or from the Substack; and/or loss of profits, use, data or other intangible losses.
Any material and/or information downloaded or otherwise obtained through the use of or from the Substack is done at your own discretion and risk. You are solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information. Dr. Mercola is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including "line-noise" interference). Under no circumstances will Dr. Mercola or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. In the event of any problem with this Substack or any content, your sole remedy is to cease using this Substack.
Revisions to These Terms and Conditions:
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Substack.
Enforcement of Terms and Conditions/Jurisdiction:
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.
To the fullest extent permitted by law, Dr. Mercola’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor, to the fullest extent permitted by law, to give effect to the parties' intentions as reflected in the provision, and the other provisions of Dr. Mercola’s Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SUBSTACK MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Termination:
You or we may suspend or terminate your membership or use of this private membership on Substack at any time, without notice, for any reason or for no reason.
General:
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind Dr. Mercola in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Acceptance:
To the fullest extent permitted by law, your use of this Substack confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Substack.
Additional Assistance:
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at:
Dr. Mercola Customer Service
125 SW 3rd Place Suite 205, Cape Coral, FL 33991
customerservice@mercola.com
US: 1 (239) 599-9500 International: 1 (847) 252-4355
