These statements have not been evaluated by the F.D.A. This promotion and facility is not offering any medical procedures or services, nor does it elude to diagnose, treat, cure, prevent any disease or make any medical claims. It does do not supplant competent medical care, nor does it dissuade anyone from seeking competent medical attention for any injury, illness or other physical condition. Patients are encouraged to seek advice from their primary care physician before beginning any new exercise, dietary or nutritional program. The patient and any other person responsible for payment has the right to refuse to pay, cancel payment or be reimbursed for payment for any other service, examination or treatment which is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted or reduced fee services, examination or treatment. Non-Patients wishing to make purchases must agree to becoming a General Nutrition Patient of Dr. Lori Puskar , no fee required.
This content is for informational and educational purposes only. It is not intended to provide medical advice or to take the place of such advice or treatment from a personal physician. All readers/viewers of this content are advised to consult their doctors or qualified health professionals regarding specific health questions. The owner or publisher of this content takes responsibility for possible health consequences of any person or persons reading or following the information in this educational content. All viewers of this content, especially those taking prescription or over-the-counter medications, should consult their physicians before beginning any nutrition, supplement or lifestyle program.
"Products" - Items offered that are for external use only and are not considered a dietary supplement.
"Supplements" - Items offered that are for internal/external use and are considered a dietary supplement.
GENERAL AND ONLINE PATIENT AGREEMENT
I request that I be allowed to participate in Dr. Lori Puskar’s “Online and/or General Nutrition Patient Program”, a program which allows me to purchase supplements online, be in control of my own natural health program and supplement purchases.
I authorize Dr. Lori Puskar to supply general nutrition not related to nor for the handling of any symptoms, conditions, diagnosis, and/or to treat or cure any illness or disease. This includes but is not limited to conditions of cancer, AIDS, Infections, or any/all other medical conditions.
I understand that no, guarantee or health improvement will be made regarding any recommendation or statement from any article, employee, or educational material from Dr. Lori Puskar. I will not hold, Lori Puskar, DC, her LLC, or any of its direct or indirect; associates, affiliates, representatives and/or vendors, liable for any situation regarding my body or health, and any purchase from Dr. Lori Puskar.
I understand that if my health situations do not improve, I am always eligible to participate in Dr. Lori Puskar ‘s Personalized Natural Health Improvement Programs to get at the root cause of my health situation(s) and correct them once and for all.
I agree to Dr. Puskar’s full disclaimer at https://drloripuskar.com/disclaimer-privacy-terms-1
I have read and understand the foregoing and agree that by filling out and electronically signing the form below, this gives my consent and applies to all previous paragraphs and any/all future transactions with Dr. Lori Puskar of any kind.
CONDITIONS OF USE
LORI PUSKAR, DC AKA NATURAL HEALTH SPA, LLC TERMS
Effective January 1, 2018.
Natural Health Spas, Inc. (with its affiliates, "Dr. Lori Puskar," “Natural Health Spa,” “we,” “our,” or “us”) distributes and sells and provides supplements, products, and products and services to you when you visit or shop on our websites or at our stores, use our mobile applications, or use software we provide in connection with any of the foregoing (collectively, the “Service”). These Service Terms (as they may be changed over time, the “Terms”) govern your use of the Service. By using the Service you accept the Terms, so read them all carefully. If you do not agree, do not use the Service and uninstall our applications.
In some instances, both the Terms and separate terms will apply to your use of the Service (“Additional Terms”), and will become part of the Terms. To the extent there is a conflict between Additional Terms and any other Terms, the Additional Terms will control unless they expressly state otherwise.
Diet and Health Release
Because some of the information on the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Service is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional supplements or products. You agree not to rely on any information on the Service to make health-related decisions.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, you may submit a written claim to our Copyright Agent at:
Dr. Lori Puskar
1178 NE Cleveland Street
Clearwater, FL 33755
or, by email to: email@example.com
Written claims concerning copyright infringement must include the following information:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· 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
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed upon.
Disputes: Arbitration, No Class Action, Jury Waiver
Any dispute or claim relating in any way to these Terms or your use of the Service, or to any supplements, products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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 the terms of these Service Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Lori Puskar, 1178 NE Cleveland Street Clearwater, FL 33755. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
How to Serve a Subpoena or Other Legal Process
Dr. Lori Puskar accepts service of subpoenas or other legal process only through our national registered agent, Lori Puskar. Subpoenas or other legal process may be served by sending them to the appropriate office. If you do not know the appropriate office, please contact the office of your Secretary of State.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information and IP address and complete time stamps.
Contacting Us and Customer Service
If you have any concerns about Dr. Lori Puskar or your use of the Service, please contact us at:
c/o Dr. Lori Puskar
1180 NE Cleveland Street
Clearwater, FL 33755
or, by email to: firstname.lastname@example.org
Dr. Lori Puskar is dedicated to ensuring the privacy of your protected health information (PHI). Dr. Lori Puskar is required by law to provide you with this Notice of privacy practices, and to inform you of your rights, and our obligations, concerning your PHI. We are required to follow the privacy practices described below while this Notice is in effect. The terms of this Notice apply to the following entities owned and operated by Dr. Lori Puskar which will be referred to in this Notice as the Center’s healthcare facilities.
Uses and Disclosures of Your PHI
We may disclose your PHI to another Center healthcare facility and/or healthcare provider, transport company, community agency, family member or other third party to provide and/or coordinate health care services and treatments.
We may use and/or disclose your PHI to bill and obtain payment for treatment and/or services you receive at the Center’s healthcare facilities.
Health Care Operations
We may use and disclose your PHI in connection with our healthcare operations. Healthcare operations include, but are not limited to; clinical education, quality assessment and improvement activities, reviewing the competence or qualifications of healthcare professionals, evaluating practitioner and provider performance.
We may disclose your PHI to businesses performing services for the Center such as processing claims, data analysis, billing, benefit management, practice management, re-pricing and legal assistance. We will have a written contract in place with the business associate requiring protection of the privacy and security of your health information.
Memberships, Payments, and Payment Plans.
You are legally bound to the fullest extent of the law for all financial agreements as laid out in this disclaimer and/or any financial documents signed by you in regards to your care, products and services: from Dr. Lori Puskar.
For any disputes, please contact:
c/o Dr. Lori Puskar
1178 NE Cleveland Street
Clearwater, FL 33755
or, by email to: email@example.com
We may contact you to remind you that you have an appointment at one of the Center’s healthcare facilities.
Individuals Involved in Your Care or Payment
Unless there is a specific request made to and agreed to by the Privacy Officer at your location/facility, we may disclose PHI to a person who is involved in your health care or helps pay for your care, such as a family member or friend to facilitate that person’s involvement in caring for you or in payment for your care.
Disaster Relief Efforts
We may disclose your PHI to an entity assisting in a disaster relief effort so your family can be notified about your condition, status and location.
The Center is committed to researching and advancing knowledge in the field of chiropractic. Research studies involving PHI and conducted at or by the Center must be approved through a special review process to protect patient safety, welfare and confidentiality. Disclosure of your PHI for research purposes will not occur without your consent.
As required by law
We will disclose health information about you when required to do so by federal or state law.
To Avert a Serious Threat to Health or Safety
We may use and disclose your PHI when necessary to prevent or lessen serious and imminent threat to your health and safety or the health and safety of the public or another person. Any disclosure would be to someone able to help stop or reduce the threat.
Public Health Purposes
We may use or disclose your PHI when we are required to do so by law, for public health reasons, including, but not limited to:
Reporting certain communicable diseases to health officials;
Reporting child abuse or neglect;
Reporting elder abuse, neglect or exploitation.
Lawsuits and Other Legal actions
We may disclose PHI in response to judicial proceedings and law enforcement inquiries as permitted by law. We may also disclose PHI in response to a subpoena, discovery request, warrant, summons or other lawful process.
We may disclose PHI as necessary for workers' compensation or similar programs that provide benefits for work-related injuries or illness, as authorized or required by law.
We may disclose PHI to governmental, licensing, auditing and accrediting agencies as authorized or required by law.
If you are an organ donor, we may disclose your PHI to organizations involved in procuring, banking, or transplanting organs and tissues.
Military and Veterans
If you are or were a member of the armed forces, we may release PHI about you to military command authorities as authorized or required by law.
National Security, Intelligence Activities and Protected Services
Under certain circumstances we may disclose PHI to military authorities and to authorized federal official’s PHI required for lawful intelligence, counterintelligence, and other national security activities.
Special Protections for HIV, Alcohol and Substance Abuse, Mental Health and Genetic Information
Special privacy protections apply to HIV-related information, alcohol and substance abuse treatment information, mental PHI, and genetic information. This means that parts of this Notice may not apply to these types of information because stricter privacy requirements may apply. If your treatment involves this information, you may contact the Privacy Officer at your location/ facility to ask about special protections.
Under certain circumstances we may disclose PHI relating to inmates or patients to correctional institutions or law enforcement personnel having lawful custody of those individuals.
Other Uses of PHI
Other uses and disclosures of PHI not covered by this Notice or that laws what apply to us will be made only with your written authorization.
Your Rights - Access to your PHI
You have the right to access, inspect, and/or receive paper and/or electronic copies of the PHI that we maintain about you, with limited exceptions. The Center provides to an individual, upon written request, access within 30 calendar days of the day the Center receives a request, to inspect and/or copy their PHI
If you request paper copies, we will charge you our standard copying fee for each page, and postage if you want the copies mailed to you. If you request an alternative format, we will charge a reasonable cost-based fee for providing your PHI in that format. If you prefer, we will prepare a summary or an explanation of your PHI for a fee.
Contact us using the information listed at the end of this Notice if you are interested in receiving a summary of your information instead of copies.
Restrictions on Use and Disclosure of Your PHI
You have the right to request that we place additional restrictions on our use or disclosure of your PHI for treatment, payment and healthcare operations purposes. Depending on the circumstances of your request we may, or may not agree to those restrictions. If we do agree to your requested restrictions we must abide by those restrictions, except in emergency treatment scenarios.
Amendments to your Records
You have the right to request that we amend your PHI. Such requests must be made in writing, and must explain why the information should be amended. We are not obligated to make all requested amendments but will give each request careful consideration. All amendment requests, in order to be considered by us, must be in writing and signed by you or your representative, and must state the reasons for the amendment’ correction request. If an amendment or correction you request is made by us, we may also notify others who work with us and have copies of the uncorrected record if we believe that such notification is necessary. Please note that even if we accept your request, we may not delete any information already documented in your health records.
Contact us using the information listed at the end of this Notice if you are interested in receiving a summary of your information instead of copies.
Accounting of Disclosures
Upon written request, you have the right to receive a list of instances in which we or our business associates disclosed your PHI for purposes, other than treatment, payment, healthcare operations and other activities authorized by you, for the last 6 years. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests.
You have the right to request that we communicate with you about your PHI by alternative means or to alternative locations (e.g., at your place of business rather than at your home). Such requests must be made in writing, must specify the alternative means or location, and must provide a satisfactory explanation how communication should be handled under the alternative means or location you request.
Changes to this Notice
We reserve the right to change this Notice and the privacy practices described below at any time in accordance with applicable law. Prior to making significant changes to our privacy practices, we will alter this Notice to reflect the changes, and make the revised Notice available to you on request. Any changes we make to our privacy practices and/or this Notice may be applicable to PHI created or received by us prior to the date of the changes.
If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made or any decisions we may make regarding the use, disclosure, or access to your health information you may make a formal compliant in writing to the Compliance Office and/or the Privacy Officer at your location/ facility listed below. You also may submit a written complaint to the U.S. Department of Health and Human Services in Washington D.C. All complaints must be made in writing and in no way will affect the quality of care you receive at the Center’s healthcare facilities.
We are required to notify you in writing of any breach of your secured PHI as soon as possible, but in any event, no later than 60 days after we discover it.
Paper Copy of this Notice
You have the right to a paper copy of this Notice. You may ask use to give you a copy of this Notice at any time. Even if you receive this Notice electronically, you are still entitled to a paper copy.
The Center will identify and evaluate the likelihood and consequences of threats to the security of Protected Health Information and implement reasonable and appropriate measures to safeguard the confidentiality, availability, and integrity of that information. Dr. Lori Puskar will adopt and implement HIPAA security practices outlined in the approved HIPAA Security Procedures.
This policy applies to all members of Dr. Lori Puskar workforce, along with all independent contractors who provide services that require access to clinic buildings or Dr. Lori Puskar 's computer network. They will be required to adhere to the policies and procedures in the HIPAA Security Procedures, as well as any procedures established to support this policy.
Dr. Lori Puskar will safeguard information in a manner consistent with applicable requirements of federal, state and local law and regulations, including the final rule governing the security of health information systems enacted by the Department of Health and Human Services as required by HIPAA.
Any communication received may contain CONFIDENTIAL information, including PROTECTED HEALTH INFORMATION. In keeping with HIPPA, if you are not the intended recipient, any use or disclosure of this information is STRICTLY PROHIBITED; you are required to delete the communication and any attachments and notify the sender immediately.
While we carry Standard Process, Systemic Formulas, Energetix, MarcoPharma, and a variety of other supplements and products, neither Dr. Lori Puskar nor any third party associated with, related to, or linked to Dr. Lori Puskar , her practice, LLC or website is in any way affiliated with any aforementioned company. These companies also expressly disclaim any liability, malpractice or legal responsibility for, and make no representations or warranties regarding, any statement, advice, consult, information, materials, or content found on or included in Dr. Lori's Puskar's office, marketing materials/website, or any third party marketing materials/websites related to, associated with or linked to Dr. Lori Puskar 's chiropractic license, scope of practice, business or website. All supplements sold are dietary supplements and not intended to diagnose, treat, cure, or prevent any disease. All Non-Internal products are also not intended to diagnose, treat, cure, or prevent any disease.
Patients are expected to keep all appointments as scheduled in order to ensure maximum progress. If for some reason a patient cannot make an appointment, a minimum 24-hour advanced notice is required before cancellation or rescheduling. Otherwise a full service fee for the amount of the appointment will apply.
SALES AND PROMOTIONS
All purchases on sale items are final. Discounts, Coupons and Promotions are for products only based on our definition in Paragraph 2 "DEFINITIONS."
PRICING AND FEES: Prices and Fees are subject to change without notice.
This Agreement sets out your rights to use our facility and the responsibilities you have to comply with. These responsibilities, including payment of Fees, do not depend on how often you use our Services. What is set out in this Agreement overrides any statements made by you or us before you signed it so you should read through it fully to make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Canceling and or Refunding an Ongoing Agreement: You may not cancel or ask for a refund after 72 hours of purchase for any product or service.
Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. We will also add a penalty of $25 surcharge of the amount due.
WHEN WE CAN END THIS AGREEMENT In addition to our other rights under this Agreement, we may cancel your Program if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time. If we cancel your Program, you will be liable for the Cancellation Fee as explained above. We may also charge an additional Cancellation Fee and recover costs, loss or damages caused by your breach. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Program Fees for an extended period. We may cancel your Program if you become bankrupt or insolvent.
OTHER SERVICES There may be other services, including personal training services, offered at Dr. Lori Puskar, by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions. We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by us.
CHANGES TO YOUR AGREEMENT We may sometimes make changes to this Agreement, including our Dr. Lori Puskar Guidelines, Prices, and Fees. We will make reasonable efforts to tell you of any change in advance and when it will take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Program will be amended from the effective date. You cannot cancel under this clause in the case of a transfer of your Program or if we have to make the change to comply with a law or a direction of a relevant authority.
OUR LIABILITY TO YOU Statutory guarantees Under the Bureau of Consumer Protection we guarantee that the services we supply: are provided with due care and skill; are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or are supplied in a reasonable time. Under certain legislative provisions, however, we can ask you to accept some limitations to the Bureau of Consumer Protection guarantees. If you sign this Agreement, you agree, to the extent allowed by the Bureau of Consumer Protection, to exclude or modify our liability to you for death or injury from our failure to comply with Bureau of Consumer Protection guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the Bureau of Consumer Protection). Other implied terms Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. We are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
COMPLAINTS AND FEEDBACK If you have any concerns about the Facilities and Services or anything else in relation to your Program, you should first raise it with Dr. Lori Puskar staff. If you are uncomfortable about approaching, or do not wish to approach Dr. Lori Puskar staff, or are not happy with the response given, you may send a complaint to the head office by e mail to firstname.lastname@example.org. Complaints will be dealt with in accordance with Dr. Lori Puskar’s policy.
GENERAL LEGAL MATTERS Unexpected events We are not responsible if you cannot use our Dr. Lori Puskar because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply. Severability If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement. Waiver If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future. Entire agreement You agree that we have not made any representations or promises that you have relied that are not in this Agreement. The law of the state/territory set out in the Details applies to this Agreement. This agreement is also in accordance with all Policies and Laws of Lori Puskar, DC which can be found at www.DrLoriPuskar.com
Direct Debit Information: If an automatic direct debit arrangement is in place, your Program Fees will continue to be debited from your account until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described in this Agreement, you may be liable for damages for breach of contract. A penalty surchage of 10% of the fee due will apply. You should, however, cancel any direct debit authorization when your Agreement lawfully ends.
DIRECT DEBIT Direct Debit Payment Agreement If you pay any Fees, including ongoing Program Fees, by direct debit, then this will be through our Biller (not us). You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement. Authority to deduct Fees By nominating a credit or debit account, you authorize our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.
LATE OR REJECTED DEBIT PAYMENTS: You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Reactivation Fee of $25. This will be deducted from your money on accout or your credit card on fiel. Prior arrears may also be included. You authorize our Biller to deduct any unpaid arrears outstanding on your account. Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.
PAYMENT PLAN - (if applicable) Your direct debit will start the day your Program begins and repeat on that day thereafter. The same terms above apply until the Direct Debit Payment Period ends. You can pre-pay your Program Fees (pay them up front) when you sign this Agreement, or you can elect to pay by equal periodic instalments provided this option is available in our Dr. Lori Puskar. If this is an Ongoing Agreement, you must pay Program Fees periodically in advance until your Agreement ends. This is not a membership, you cannot put your payment plan on hold, cancel payemnts, or ask for refund.
Violation of Payment Agreements will result in being sent to a third party collection agency.
By signing this form, you agree to above and authorize Dr. Lori Puskar to charge your card for the amount and timeframe you chose in your financial agreement.
This is a legally binding contract in keeping the U.S. laws on credit/debit card authorization.
AMENDMENT OF TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes made will become effective immediately upon the posting of we post such changes or updates and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction section in these Terms will not apply to any disputes for which the parties have actual notice before the date the revised Terms are posted on the Website.
NOTE: Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page and review these Terms from time to time so you are aware of any changes, as they are binding on you.
CHANGES TO THE WEBSITE
We may update the content on the Website from time to time, but its content is not necessarily complete or continuously up-to-date. Although the Company makes a strong effort to keep all relevant terms relating to Services, policies, and terms governing the provision of Services to clients, it is possible that certain material on the Website may be out of date at any given time, and we are under no obligation to update such material. For example, posts on our blog, while accurate at the time written and posted, may become out of date or obsolete because of changes in law, regulation, market conditions, or accepted practices.
NO MEDICAL ADVICE PROVIDED
The Website is intended to provide you with a convenient way to review the type and nature of the Services we offer, among other things. It provides Website visitors with a general understanding of the features, characteristics, and relative advantages and disadvantages of the types of business services offered by the Company under Florida law. While this discussion necessarily includes an assessment or comparison/contract of broad range of health and wellness suggestions, concepts, programs, concerning treatment, goods and services suggested by the Company depending on various circumstances. The Website does not medical advice to any person or entity as that term is defined under state and federal regulation and the self-regulatory organizations for attorneys in each state, which may only be provided by licensed attorneys. The Company is not a medical practice of any nature or type and does not and will not provide you with medical advice under any circumstances.
DLP AND/OR AWW and its employees, agents, representatives, and sales associates are not at any time acting as your attorney. Further, no attorney-client or other privilege applies to the communications between you and the Company, meaning that any discussions, notes or records, and the content thereof, can be subject to disclosure pursuant to a valid subpoena, other judicial disclosure order, or federal or state law enforcement requests.
Nothing on this Website is to be used as a substitute for medical advice, and the Company urges you to contact your medical physician should you feel it necessary or appropriate. The Company is a Health and Wellness service; you are solely responsible for any actions or inactions taken in reliance on any information on the Website.
CUSTOMER SATISFACTION IS OUR PRIORITY
DLP AND/OR AWW is committed to ensuring your satisfaction with all our Services and support. If you are not satisfied with our Services, please contact a DLP AND/OR AWW representative immediately by email sent to email@example.com We will address your concern promptly by assigning your request to a manager who will work with you to attempt to resolve your issue or concern.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to temporarily or permanently shut down or remove access to all or part of the Website, and any service or material we provide on the Website, in our sole discretion, with or without notice. We will not be liable to you if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. This may occur in the process of servicing the Website, amending all or a portion of the Website’s content, or adding additional functionality and features to the Website, among other things.
Making all arrangements necessary for you to access the Website e.g., appropriate hardware and software; Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them; If you register to become a client of the Company through provision of personal data through the Website, protecting the confidentiality of your username and password used to access your account on the Website and/or any other platforms utilized in connection with the Services provided by the Company; Ensuring that any person(s) using your account is not violating these Terms, any other agreement you may have with the Company, or any provision of federal or state law or regulation; Maintaining accurate contact information for your account; this is particularly important for clients of the Company, as Florida law requires that a registered agent maintain current and correct contact information for its clients and provides that a failure to do so may result in our resignation as registered agent, among other things.
REGISTRATION FOR SERVICES
If you elect to use our Services, you will be given access to an account maintained by the Company through is nutrition software platform for which the Company will provide information regarding such Services and other matters. When you register for such an account to use these Services, you will be required to provide certain personal information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if DLP AND/OR AWW suspects that your information is untrue or inaccurate, not current, or incomplete, DLP AND/OR AWW may, in its sole discretion, suspend or terminate your account and refuse current or future access to any Service. More broadly, DLP AND/OR AWW has the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms or the account has been compromised through unauthorized access.
You must treat as confidential any username, password or any other piece of information you select or is provided by the Company, and you must not disclose it to any other person or entity. If you create an account, you also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to take reasonable steps to ensure the security of your account access information, such as signing out of your account at the end of each session and/or using extra caution when using a public or shared computer. The Company is permitted to rely upon directions, instructions, or other information transmitted from or entered into the account until we are instructed otherwise, and shall have no liability, therefore.
COMMUNICATIONS FROM THE COMPANY
If you sign up for an account or if you sign up to receive them, the Company may choose to send you limited materials, such as notices letting you know of problems with the site or with services offered by DLP AND/OR AWW or presenting you with the opportunity to review for purchase selected products and services.
INTELLECTUAL PROPERTY RIGHTS AND PERMISSIONS
The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material, The foregoing materials are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your direct use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as listed herein.
PERMISSIONS: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; You may store files that are automatically cached by your Web browser for display enhancement purposes; You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; Where, or if at a given time we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; Where we provide social media features with certain content, you may take such actions as are enabled by such features; You may print copies of our blog posts, articles, white papers and other materials as you see fit for personal, educational, or other reasonable non-commercial use, although the Company may permit commercial or related uses otherwise prohibited in its sole discretion upon a prior written request by a Website user.
PROHIBITIONS: You may not modify copies of any materials from this site; Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site; Attempt to spoof or mimic the appearance or functionality of the Website; Reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Website or the functions therein or materials thereon; You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Website or Content without DLP AND/OR AWW's prior written permission.
REQUESTS: If you wish to make any use of material on the Website other than that set out in this section, please address your request to the Company by sending an email to firstname.lastname@example.org. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. Violation of the foregoing may result in our termination of services to you and/or resignation of our role as registered agent for entities affiliated with you, as permitted by Florida law, if applicable.
DLP AND/OR AWW, the DLP AND/OR AWW logo, Amazing Woman Wellness, amazingowomanwellness.com and all related names, logos, product and service names, designs and slogans are trademarks of Amazing Woman Wellness and all other trademarks, service marks and trade names used on the Website are the property of their respective owners. None of the trademarks discussed above may be copied, downloaded, or otherwise exploited without the permission of DLP AND/OR AWW or the owner of such trademark, service mark, or trade name, as applicable.
NOTE: The Company, at its sole discretion, shall determine whether any behavior, action, inaction, or information transmitted or received violates this provision.
MONITORING CONDUCT; ENFORCEMENT
SUBMISSIONS BY USERS
Any testimonials or other comments or posts on our blog, podcast, or other creative forum by Website users or those with an account on the Website, Comments, shall be deemed, and shall remain, the property of DLP AND/OR AWW, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in any Comments to the Company. Disclosure, submission, or offer of any Comments shall constitute an assignment to DLP AND/OR AWW of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. DLP AND/OR AWW may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to DLP AND/OR AWW and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. DLP AND/OR AWW is and shall be under no obligation to: (1) maintain any of your or any user’s Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user’s Comments.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and others. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party. The Company may rely on third-party statistical, survey, or other information or figures in its discussions on the Website or in the Company’s blog. The Company makes every attempt to only rely on sources it believes to be accurate and verified but is not responsible for the accuracy or completeness of such information or sources.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All contracting for Services through the Website or other transactions you make on the Website will be governed by separate agreements for such services, Services Agreements. In connection with your Services Agreements, you will have the opportunity to review, carefully read through, and, if you choose, ask the Company’s staff questions regarding the relevant agreements. Your payment for and acceptance of these Services constitutes your agreement to the applicable Services Agreements.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of our reputation or standing, but you must not establish a link in such a way as to suggest any form of association with your website, business, or other venture, or our approval or endorsement on our part without our express prior written consent. This Website may provide certain social media features that enable you to Link from your own or certain third-party websites to certain content on this Website; Send e-mails or other communications with certain; Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites; You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not Establish a link from any website that is not owned by you; Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
LINKS FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. These Links include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of the Third-Party company site content or links, and the Company shall not be responsible for them or for any loss or damage that may arise from your access, use, or reliance upon them. We do not endorse or recommend the use of any website links, but rather only the individuals referenced. If you decide to access any Advertisement Leak, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys’ fees arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website, or any misconduct or illegality involving the foregoing.
DISCLAIMERS AND LIMITATIONS ARE MATERIAL TERMS
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms are material terms and that they have been considered in the decision by the Company to operate the Website in connection with its business.
Headings - The headings and captions contained herein are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
No Third-Party Beneficiary - This Agreement is made solely and specifically among and for the benefit of the parties to it, and their respective successors and assigns, subject to the express provisions of the agreement relating to successors and assigns, and no other person has or will have any rights, interest, or claims under this Agreement as a third-party beneficiary or otherwise.
Remedies - No remedy or election hereunder shall be deemed exclusive but shall be cumulative with all other remedies available at law or in equity.
Severability - If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future Laws effective during the term of this Agreement, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
Enforceability - The Parties acknowledge that in certain instances a provision of this Agreement may not be enforceable or that its enforceability may be limited by applicable Law. Nevertheless, the Parties agree that they intend to be bound by the terms of this Agreement and, if any provision is held to be unenforceable, the Parties agree to use their reasonable efforts to implement an alternative enforcement mechanism that would affect, as closely as possible, the intent of the Parties as reflected in or provided by the unenforceable provision. Moreover, each Party agrees that, if any corporate formality or other procedure is not expressly mandated by Law or the provisions of this Agreement to be taken by the Parties but the enforceability of any provision of this Agreement would be enhanced if the Parties act in accordance with such corporate formality or other procedure, the Parties agree to act in accordance with such corporate formality or other procedure to the extent recommended by counsel to the Company and its Subsidiaries in the relevant jurisdiction.
Further Assurances - Each Party hereto or Person subject hereto shall do and perform or cause to be done and performed all such further acts and things and shall execute and deliver all such other agreements, certificates, instruments and documents as any other Party hereto or Person subject hereto may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.
Waiver - No waiver of any term or provision hereof or consent to any action hereunder shall constitute a waiver of any other term or provision hereof or consent to any other action hereunder, whether or not similar. No waiver or consent hereunder shall constitute a continuing waiver or consent hereunder or commit a party to provide a waiver or consent in the future except to the extent specifically set forth in writing.
Governing Law - This Agreement and all claims arising out of or based upon this Agreement or relating to the subject matter hereof shall be governed by and construed in accordance with the domestic substantive Laws of the State of Florida, without giving effect to the choice of law principles. All actions arising out of or relating to this Agreement shall be heard and determined exclusively in any Florida state or federal court sitting in the Pinellas County. The parties hereto hereby (i) submit to the exclusive jurisdiction of any state or federal court sitting in the State of Florida for the purpose of any action arising out of or relating to this Agreement brought by any party hereto, and (ii) irrevocably waive, and agree not to assert by way of motion, defense, or otherwise, in any such action, any claim that it is not subject personally to the jurisdiction of the above- named courts, that its property is exempt or immune of from attachment or execution, that the action is brought in an inconvenient forum, that the venue of the action is improper, or that this Agreement or the transactions contemplated hereby may not be enforced in or by any of the above-named courts.
Force Majure - No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, Pandemic, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
Attorney Fees - If any litigation or other legal proceeding relating to this Agreement occurs between the Parties, the prevailing party may be entitled to recover (in addition to any other relief awarded or granted) its reasonable costs and expenses, including attorneys' fees and costs incurred in such litigation or proceeding.
I agree to the cookies.