Terms of use.

Last updated: April 28th, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A

CONTRACT. BY ACCESSING, USING OR VIEWING THIS WEB SITE OR

ANY OF ITS SERVCIES, FUNCTIONS OR CONTENTS, YOU ACCEPT EACH

OF THE FOLLOWING TERMS, CONDITIONS, NOTIES AND

RESPONSIBILITIES WHICH GOVERN YOUR USE OF THIS WEB SITE.

NOTE: THESE TERMS OF USE INCLUDE ARBITRATION PROVISIONS BY

WHICH YOU AGREE TO WAIVE YOUR RIGHT TO BRING A LAWSUIT IN A

COURT OF LAW AGAINST THEWEB SITE AND ITS OWNER IN A COURT

OF LAW AND GIVE UP YOUR RIGHT TO A JURY TRIAL. INSTEAD, YOU

AGREE TO ARBITRATE ALL DISPUTES ARISING AS A RESULT OF YOUR

USE OF THE WEB SITE

1. Introduction

This web site (“Web Site”) is owned and operated by Loomba Consulting Group, Inc.

(LCG, Inc.) (“we” or “us”). In this agreement, the term Web Site includes all web sites

and web pages within www.vivekcherianmd.com as well as any equivalent, mirror,

replacement, substitute or backup web sites and web pages thereto and thereof.

Please also review the terms of our Privacy Policy.

Your use of this Web Site is subject to the following Terms of Use. You agree to the

Terms of Use by accessing this Web Site and/or by accepting any information from this

Web Site. You accept the Web Site “as-is” and choose to use it at your own risk. We

reserve the right, in our sole discretion, to modify, alter or otherwise change the Terms of

Use at any time. Please check these Terms of Use periodically for changes. By using

this Web Site after any changes to these Terms of Use are posted, you are indicating your

acceptance of those changes.

These Terms of Use do not cover your rights or responsibilities with respect to third party

content or sites or any links that may direct your browser or your connection to third

party sites or pages. This is the entire and exclusive agreement between you and us

regarding use of the Web Site and it cannot be modified, except as specifically described

herein.

This Web Site is offered and made available only to users 18 years of age or older. If you

are not yet 18 years old, please discontinue using this Web Site immediately or if, for any

reason, you do not agree with all of the terms and conditions contained herein, please

discontinue using the Web Site immediately.

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The Web Site and the information contained in reference herein are for informational and

entertainment purposes only. Despite our efforts to provide useful and accurate

information, errors may appear from time to time. Before you act on information you’ve

found on the Web Site, you should confirm any facts that are important to your decision.

This Web Site and its information providers make no warranty as to the reliability,

accuracy, timeliness, usefulness or completeness of the information on the Web Site. We

are not responsible for, and cannot guarantee the performance of, goods and services

provided by our advertisers or others to whose web sites we link.

We may limit or terminate our service, remove hosted content and take technical and

legal steps to keep users off the Web Site.

2. Ownership of Intellectual Property

All Web Site software, design, text, images, photographs, illustrations, audio and video

material, artwork, graphic material, database, proprietary information and all

copyrightable or otherwise legally protectible elements of the Web Site including,

without limitation, the selection, sequence and “look and fee” and arrangement of items,

(individually and/or collectively “Material”), are the property of LCG, Inc., its

subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation,

under the U.S. federal and state, as well as applicable foreign, laws, regulations and

treaties. We may add, change, discontinue, remove or suspend any of the Material at any

time, without notice and without liability. Any reproduction, copying or redistribution for

commercial purposes of the Materials or design elements of the Web Site is strictly

prohibited without our express written consent or its owner if we are not the owner. All

rights in our product names, company names, trade names, logos, and designs or third-

party products or services whether or not appearing in large print or with the trademark

symbol, belong exclusively to us, as applicable, or their respective owners, and are

protected from reproduction, imitation, dilution or confusing or misleading uses under

national and international trademark and copyright laws, as applicable. The use or

misuse of these trademarks or any materials, except as permitted herein, is expressly

prohibited.

3. Copyright Agent

Pursuant to the terms of the Digital Millennium Copyright Act, we have designated a

Copyright Agent to receive notice of claims of copyright infringement on the Web Site.

Our Copyright Agent may be reached by e-mail at webmaster@thetennischannel.com.

If you believe that your work has been copied in a way that constitutes copyright

infringement please promptly provide the Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright interest;

(b) a description of the copyrighted work that you claim has been infringed;

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(c) a description of where the material that you claim is infringing is located on the

Web Site;

(d) your address, telephone number and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in

your notice is accurate and that you are either the copyright owner or authorized

to act on the copyright owner’s behalf.

4. Links

This Web Site may contain links to other web site (“Linked Sites”). The Linked Sites are

not under our control and we are not responsible for the contents of the Linked Sites. We

provide any Linked Sites to you only as a convenience, and the inclusion of any such

Linked Sites is not an endorsement by us in favor of any company offering Internet

services, products or services on the Linked Sites.

Other sites may link without prior permission to the Web Site’s home page only through

a plain-text link. Permission must otherwise be granted by us for any other type of link to

the Web Site. To seek our permission, you may write to Loomba Consulting Group, Inc.,

6825 Hobson Valley Drive, Suite 201, Woodridge, IL 60517, ATTN: Web Master. Any

third party web site that links to the Web Site (a) shall not create a frame, browse or

border environment around any of the content of the Web Site.; (b) may link to, but not

replicate, Web Site content; (c) shall not imply that we are endorsing or sponsoring it or

its products or services; (d) shall not present false information about us or our products or

services; (e) shall not use our trademarks without our prior written permission; and (f)

shall not contain content that could be construed as distasteful, offensive, obscene or

controversial.

5. Disclaimer and Release of Liability

All interview bids and buys submitted through the Web Site must be completed in full in

order to be eligible. Any attempted form of bidding/buying other than as described

herein and/or on the Web Site is void. Entries generated by a script, macro, bot or other

automated means will be disqualified. No mechanical reproductions, alterations, or

forged bids/buys allowed. Incomplete, illegible, and corrupted bids/buys are void. LCG,

INC. reserves the right, at its sole discretion, to disqualify any individual (and his/her

entry) who tampers with the bid/buy process.

Any person who supplies false information, bids/buys by fraudulent means, or is

otherwise determined to be in violation of these Terms of Use in an attempt to secure an

interview with a Web Site guest will, if selected, forfeit that interview opportunity and

may be prosecuted to the fullest extent of the law. All federal, state and local laws and

regulations apply. You further agree to not knowingly: damage or cause interruption of

the bidding/buying process; prevent others from bidding/buying; or obtain or modify

another user's account information without their consent.

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YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER

WE, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR

RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, INVESTORS, THIRD

PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB

SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY

WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF

THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF

ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE

WEB SITE. WE DO NOT REPRESENT AND WARRANT THAT THE WEB SITE

WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE

SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR

LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA

DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH THE WEB SITE.

TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ANY

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,

BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES

OF MERCHANTAIBLITY OR FITNESS FOR A PARTCIUILAR PURPOSE FOR

ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEB SITE.

WE ARE NOT LIABILE FOR ANY INJURY ARISING OUT OF THE USE OF THIS

WEB SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR

CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES

EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH

DAMAGES. WE ARE NOT LIABILE FOR THE DEFAMATORY, OFFENSIVE OR

ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE

RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU

AGREE THAT OUR LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM

IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT EXCEED THE

AMOUNT YOU PAID TO US FOR THE USE OF THE WEB SITE.

Web Site is not responsible for technical, hardware or software failures of any kind, lost

or unavailable network connections or failed, incomplete, garbled or delayed software

transmissions which may limit your ability to participate in the bidding/buying process or

damage to user’s system as a result of participation in the bidding/buying process or

downloading any information necessary to participate in the bidding/buying process.

Web Site reserves the right in its sole discretion to cancel or modify any bidding/buying

opportunity if the bidding/buying process and/or the Web Site are not capable of running

as planned, including, without limitation, any computer virus, malfunction, tampering,

unauthorized intervention, fraud, technical failure or other cause beyond its control which

corrupts, threatens or adversely affects the administration, security, fairness, integrity or

proper operation of the bidding/buying process of the Web Site.

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As a condition of entry, you agree to be bound by these Official Rules and the decisions

of the Web Site owner/operator. By participating in the bidding/buying process and by

using this Web Site, you agree to waive any right to claim ambiguity with the Terms of

Use.

Neither Web Site nor its owner/operator shall be liable to any person for failure to

provide an interview opportunity to those users selected through the bidding/buy process

thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s)

by any governmental or quasi-governmental entity (whether or not the action(s),

regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist

acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane,

embargo, labor dispute or strike (whether legal or illegal), labor or material shortage,

transportation interruption of any kind, work slow-down, civil disturbance, insurrection,

riot, or any other cause beyond Sponsor’s sole control. Neither Web Site nor its

owners/operator shall be responsible for any cancellations or delays in any interview for

which the user of the Web Site may have been selected.

6. Indemnification

YOU RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD US

HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,

LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING,

WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND

INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING

ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO

PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE

IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF

YOUR USE OF THIS WEB SITE OR YOUR ACCEPTANCE AND

PARTICFIPATION IN ANY VIDEOTAPING/SKYPE SESSION PRODUCED BY

US (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) FOR

ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS

OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN

WHOLE OR IN PART, BY OUR ACTS, OMISSIONS, NEGLIGENCE OR

MISCONDUCT.

7. Personal Information

By using this Web Site, you agree to the collection, transfer, storage and use of your

personal information by LCG, Inc. on servers located in the United States, as further

described in our Privacy Policy.

8. Publicity Grant

Except where prohibited by law or our Privacy Policy and if you are selected to

participate in a Skype session with one of our on-camera interview guests, you hereby

grant to us the perpetual and irrevocable right and license to use your name, photograph,

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visual and audio likeness, statements, biographical information, address (but only your

city and state of residence) and any other information your provide us on a worldwide

basis, and in all forms of media now known or hereafter invented, devised or discovered

(including, without limitation, on this Web Site, without further compensation, notice,

review or approval.

14. Governing Law/Arbitration

READ THE FOLLOWING PARAGRAPH CAREFULLY. IT LIMITS YOUR RIGHTS

INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION AND YOUR RIGHT

TO A TRIAL BY JURY.

This Web Site originates from and is maintained in the United States of America.

These Terms of Use will be governed, construed and interpreted under the laws of the

State of Illinois without giving effect to any choice of law or conflict of law rules

(whether of the State of Illinois or any other jurisdiction) which would cause the

application of the laws of any jurisdiction other than the State of Illinois. You agree any

and all disputes, claims and causes of action arising out of or connected with these Terms

of Use and your use of the Web Site or any Skype session you may participate in shall be

resolved through arbitration in Cook County, Illinois in front of a single arbitrator

individually, without resort to any form of class action. Arbitration means that you

waive your right to a jury trial. You hereby waive any and all objections to personal

jurisdiction. Any such arbitration shall be governed by the rules and regulations of the

American Arbitration Association. The arbitrator shall have the right to determine all

issues arising from the dispute including, without limitation, whether an issue is

arbitrable. Any and all claims, judgments and awards shall be limited to actual out-of-

pocket costs incurred including, without limitation, costs associated with using the Web

Site but in no event attorneys’ fees. Under no circumstances will you be permitted to

obtain awards for, and hereby waive all rights to claim, indirect, punitive, incidental and

consequential damages and any other damages, other than for actual out-of-pocket

expenses, and any and all rights to have damages multiplied or otherwise increased. All

disputes will be limited to individual claims. YOU HEREBY WAVE YOUR RIGHT TO

INITIATE OR PARTICFPATE IN ANY CLASS OR CONSOLIDATED ACTION

WHATSOEVER TO RESOLVE A WEB SITE-RELATED DISPUTE.

15. Severability

If any portion of this Agreement is found to be invalid or unenforceable for any reason,

such invalidity or unenforceability shall not affect the validity or enforceability of any

other portion of this Agreement which shall remain in full force and affect.

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16. Entire Agreement

These Terms of Use constitute the entire agreement between the parties concerning the

subject matter hereof and supersedes all previous written or oral agreement between the

parties with respect to that subject matter.

17. Headings

The paragraph headings used herein are for convenience only and shall not be used to

limit any portion of this Agreement.