Terms of Service
PLEASE READ THESE TERMS CAREFULLY. By accessing or using drbognerhealth.com or any subdomain, page, blog, podcast, social-media account, or affiliated property operated by Bogner Health LLC (collectively, the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Site.
1. About Us; Acceptance of Terms
The Site is operated by Bogner Health LLC, a Michigan limited liability company located at 43313 Woodward Ave, #1105, Bloomfield Hills, MI 48302 (“we,” “our,” or “us”). These Terms govern your use of the Site as a visitor or registered user. Use of any paid program (including the Autism Hub) is governed by additional, separate terms that supplement these Terms.
2. The Site Provides Information — Not Medical Advice
THE SITE PROVIDES GENERAL HEALTH, WELLNESS, AND EDUCATIONAL INFORMATION ONLY. NOTHING ON THE SITE IS MEDICAL ADVICE, A MEDICAL DIAGNOSIS, A TREATMENT RECOMMENDATION, A CLINICAL OPINION REGARDING YOUR SPECIFIC CONDITION, OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE FROM A QUALIFIED PROVIDER WHO HAS EXAMINED YOU IN PERSON. YOUR USE OF THE SITE DOES NOT CREATE A PHYSICIAN-PATIENT, NURSE-PATIENT, OR ANY OTHER PROFESSIONAL RELATIONSHIP.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, symptoms, or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. If you think you may have a medical emergency, call 911 immediately.
3. Independent Editorial Voice; Controversial and Minority Viewpoints
The Site may publish articles, podcasts, videos, social-media posts, interviews, and educational materials that express viewpoints on medical, scientific, regulatory, public-health, and policy matters. Some viewpoints expressed on the Site are unconventional, dissenting, or contrary to mainstream medical opinion. Such viewpoints reflect Dr. Bogner’s good-faith clinical experience, ongoing review of the scientific literature, and protected speech under the First Amendment of the United States Constitution and Article I of the Michigan Constitution.
You acknowledge and agree that:
- You are voluntarily accessing the Site with full knowledge that it may contain views you may disagree with or that are not endorsed by mainstream medical bodies, government agencies, or insurance carriers;
- No statement on the Site is intended to disparage any specific product, treatment, professional, government agency, or institution; opinions expressed are protected commentary and editorial expression;
- You will not rely on any single statement, post, video, or article as the basis for any health decision; you will independently verify information and consult your own qualified providers.
4. FDA, FTC, and Regulatory Disclaimers
Statements about supplements, herbal products, homeopathic preparations, foods, devices, or any other products on the Site have NOT been evaluated by the U.S. Food and Drug Administration. No product, protocol, or recommendation on the Site is intended to diagnose, treat, cure, or prevent any disease. Any reference to a specific therapy, supplement, device, or off-label use of medication is provided solely for educational purposes and is not a recommendation that any reader pursue such therapy without professional individualized guidance.
5. No Doctor-Patient Relationship
No physician-patient or other professional clinical relationship is created by your use of the Site, including by submitting a contact form, subscribing to a newsletter, posting in a forum, downloading a resource, purchasing a product, or attending a live event. A physician-patient relationship with Dr. Bogner is established only when you have been physically seen in person at his Michigan office and have signed the General Consent and other applicable intake documents.
6. User Submissions and Communications
Any information you transmit through the Site — including contact forms, comments, support requests, or social-media messages — should not include sensitive protected health information unless we have specifically directed you to do so through a secure portal. We will treat any health information you provide consistently with our Notice of Privacy Practices, but unsolicited communications transmitted by ordinary email, social media, or contact form are not encrypted and you accept the inherent privacy risks.
7. Intellectual Property
7.1 Ownership
All content on the Site — including text, articles, blog posts, podcasts, videos, images, graphics, audio recordings, transcripts, downloadable resources, infographics, course materials, slide decks, protocols, e-books, software, look-and-feel, and selection and arrangement of content (collectively, “Content”) — is owned by, or licensed to, Bogner Health LLC and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. The marks “Bogner Health,” “Dr. Bogner,” “Researched Elements,” “Gut Balancing,” “DCL Laser,” “Autism is Biomedical,” and any associated logos and slogans are trademarks or service marks of Bogner Health LLC or its affiliates.
7.2 Limited License to You
Subject to your continued compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content for your own personal, non-commercial, informational use. No other rights are granted. Any use beyond the scope of this limited license is strictly prohibited and constitutes a material breach of these Terms.
7.3 Prohibited Uses
You agree NOT to, and not to permit any third party to:
- Copy, reproduce, distribute, publicly display, publicly perform, broadcast, retransmit, syndicate, sell, license, sublicense, or otherwise exploit any Content, in whole or in part, by any means, in any medium, now known or hereafter developed, except as expressly permitted in writing;
- Modify, adapt, translate, create derivative works of, decompile, reverse engineer, or attempt to derive source code from the Site or any Content;
- Frame, mirror, deep-link, hot-link, or embed any Content on any other website, application, platform, or service without express written permission;
- Use any robot, spider, scraper, crawler, automated agent, or similar means to access, harvest, extract, index, or copy any Content or data, including through HTML scraping, API misuse, headless browsing, or screen capture;
- Use any Content (including text, audio, transcripts, images, podcasts, videos, or any output derived from such Content) to train, validate, fine-tune, prompt, augment, or otherwise develop or improve any artificial intelligence, machine learning, large language model, generative AI system, retrieval-augmented generation system, vector database, or similar technology, whether commercial or non-commercial;
- Remove, obscure, or alter any copyright, trademark, watermark, attribution, or other proprietary notice;
- Interfere with or disrupt the integrity, performance, or security of the Site;
- Attempt to gain unauthorized access to any portion of the Site or to any account, system, or network used in connection with the Site;
- Use the Site or Content in any way that violates applicable law or any third party’s rights;
- Use the Site to solicit other users, send spam or unsolicited communications, or post defamatory, harassing, threatening, obscene, or otherwise objectionable material.
7.4 No Implied Licenses; Reservation of Rights
No license, right, or interest in any Content, trademark, or other intellectual property is granted to you by implication, estoppel, or otherwise, except for the limited license expressly granted in Section 7.2. All rights not expressly granted are reserved by Bogner Health LLC.
7.5 Citations and Fair Use
Brief, properly attributed quotations from public-facing Content for purposes of news reporting, academic commentary, or scholarly criticism may be permitted under the doctrine of fair use, provided the use does not exceed what fair use permits and includes a clear citation to the original Site URL. We reserve the right to challenge any use we believe exceeds fair use.
8. Copyright Complaints (DMCA)
We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Please refer to our separate Copyright & DMCA Policy, available on the Site, for the full procedure and the contact information for our designated DMCA agent.
9. Third-Party Links and Materials
The Site may contain links to third-party websites, services, advertisements, podcasts, or content. Such links are provided for convenience only. We do not endorse, control, or assume responsibility for any third-party content or services. Your use of any third-party site is at your own risk and subject to that site’s own terms.
10. Products and Purchases
Products sold through or linked from the Site (including Researched Elements supplements, DCL Laser devices, and any digital products) are subject to additional terms of sale, shipping policies, and warranty disclaimers, which are incorporated by reference where presented at the point of sale. Statements about such products have not been evaluated by the FDA. You are responsible for consulting a qualified healthcare provider before using any product.
11. Disclaimers — As Is, As Available
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR FREEDOM FROM ERROR, VIRUS, OR INTERRUPTION. WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOGNER HEALTH LLC, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR ANY DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT. OUR CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
13. Indemnification
You agree to indemnify, defend, and hold harmless Bogner Health LLC and its owners, members, managers, employees, contractors, and agents from and against any third-party claims, demands, suits, losses, damages, fines, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Site or Content; (b) your breach of these Terms; (c) your violation of any law or third-party right; (d) any content you submit; or (e) any decision you make based on Content from the Site.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law principles. Any dispute arising from or relating to these Terms or your use of the Site that is not otherwise required to be arbitrated under a separate agreement shall be brought exclusively in the state or federal courts located in Oakland County, Michigan, and you consent to the personal jurisdiction of such courts.
15. Class Action Waiver
You agree that any claim brought against us must be brought in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, mass action, private attorney general action, or representative proceeding.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including suspected violation of these Terms. Upon termination, all licenses granted to you under these Terms terminate immediately, but provisions that by their nature should survive termination (including Sections 7, 11–16, and 18) shall continue to apply.
17. Changes to These Terms
We may modify these Terms at any time. The “Last Updated” date at the top reflects the most recent revision. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms. Material changes will, where reasonably practicable, be highlighted on the Site or sent to registered users by email.
18. Miscellaneous
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- No Waiver: Our failure to enforce any right or provision is not a waiver of such right or provision.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.
- Entire Agreement: These Terms, together with any policies referenced herein and any program-specific agreements, constitute the entire agreement between you and us regarding the Site.
- Force Majeure: We are not liable for any delay or failure caused by events beyond our reasonable control.
19. Contact
Bogner Health LLC • 43313 Woodward Ave, #1105, Bloomfield Hills, MI 48302
Email: [email protected] • Fax: 866-465-1916 • Web: www.drbognerhealth.com