Thank you for visiting the www.drweilproducts.com web site. These Terms of Use set forth the agreement between the www.drweilproducts.com web site, which is owned, operated and maintained by Weil Lifestyle, LLC, a leading provider of online information, products and services for optimum health and wellness, and each user governing the use of this web site. Our web site is designed to provide a convenient, private and informative experience for its visitors as well as a place to purchase Weil Lifestyle or Weil Lifestyle related or approved products and services created to facilitate an active, healthy lifestyle. Weil Lifestyle, LLC, and our respective subsidiaries and affiliates ("we", "us", "our") want each visitor to our web site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these terms and conditions carefully before using our web site. By using this web site, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use this web site. We may make changes to our web site, these terms and conditions, or the policies and conditions that govern the use of our web site at any time. We encourage you to review our web site and these terms periodically for any updates or changes. Your continued access or use of our web site shall be deemed your notification and acceptance of these changes.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on this web site is provided for informational purposes
only and is not intended as a substitute for the advice provided by
your physician or other healthcare professional or any information
contained on or in any product label or packaging. You should not use
the information on this web site for diagnosing or treating a health
problem or disease, or prescribing any medication or other treatment.
You should always speak with your physician or other healthcare
professional before taking any medication or nutritional, herbal or
homeopathic supplement, or adopting any treatment for a health
problem. For any products or services purchased from this web site,
you should read carefully all product packaging and instructions. If
you have or suspect that you have a medical problem, promptly contact
your health care provider. Never disregard professional medical advice
or delay in seeking professional advice because of something you have
read on this web site. Information provided on this
web site and the use of any products or services purchased from our
web site by you DOES NOT create a doctor-patient relationship between
you and any of the physicians affiliated with our web site.
Information and statements regarding dietary supplements have not been
evaluated by the Food and Drug Administration and are not intended to
diagnose, treat, cure, or prevent any disease.
COPYRIGHT AND TRADEMARKS
"Weil Lifestyle," "Your Guide To Optimum Health,"
and all logos, page headers, custom graphics and icons are trademarks
and/or service marks owned by Weil Lifestyle, LLC. All other
trademarks, product names, and company names and logos appearing on
our web site are the property of their respective owners.
Our web site and our e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. By posting on our Site via the Community Discussions you agree that we may use a single post without using your real name or any personally identifiable information in our promotion material at no charge to our site.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this web site and/or our e-bulletins for the sole purpose of placing an order with www.drweilproducts.com. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this web site and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
YOUR ACCOUNT OBLIGATIONS
In order to use our web site, you agree to provide true, accurate,
current and complete information about yourself on the membership
application form and to maintain and promptly update such account
information. If you provide any untrue or inaccurate information, or
if we have reasonable grounds to suspect that such information is
untrue or inaccurate, we may suspend or terminate your account and
refuse all current and future use by you of our web site. Account
information and certain other information about you are subject to the
terms of our Privacy Policy.
You will receive a password and account designation after you have completed your membership application form and provided the required account information. You agree to maintain the security of your account on our web site, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
COMMERCIAL TRANSACTIONS
Certain products or Services may be offered for sale on DrWeil.com. In
the event you wish to purchase or to subscribe for any of these
products or Services, you will be asked by DrWeil.com or an authorized
third party to supply certain information, including without
limitation, your full name, address, telephone number and credit card
information. You agree to provide DrWeil.com or such third party with
the foregoing information as well as any other mandatory information
that is accurate, complete and current, and to comply with the terms
and conditions of any agreement that you may enter into governing your
purchase of the product or Service. You shall be responsible for all
charges incurred through your account as well as for paying any
applicable taxes.
Some services offered by DrWeil.com are subscription-based services. These services are the Vitamin Advisor, My Optimum Health Plan and Dr. Weil on Healthy Aging. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. DrWeil.com reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. DrWeil.com agrees that it will notify you when, and if, we decide to terminate your account.
Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that DrWeil.com will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all DrWeil.com obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the event you elect to terminate your subscription to the My Optimum Health Plan , you may call 888-455-6645, Monday through Friday, 9 a.m. to 8 p.m. Eastern time. To review the billing terms of your My Optimum Health Plan account, you may email billing@myoptimumhealthplan.com.
In the event that you elect to terminate your subscription to Dr. Weil on Healthy Aging , you may call 866-954-8030, Monday through Friday, 6 a.m. to 6 p.m. Pacific time. To review the billing terms of your Dr. Weil on Healthy Aging account, you may email HA_Accounts@DrWeil.com.
In the event that you elect to terminate your Vitamin Advisor auto-delivery program, you may call 800-585-5055. Our Vitamin Advisor customer care specialists are available Monday through Friday, 6:00AM to 6:00PM Pacific Time. If you have any questions regarding your supplements or your supplement order, please call our toll-free customer care number during business hours at 1-800-585-5055 or email at CustomerCare@DrWeilVitaminAdvisor.com.
In the case of the My Optimum Health Plan or Dr. Weil on Healthy Aging subscription plans, you may be entitled to receive, on request, any refunds available to you. Policies differ. Terminations are not retroactive. If you terminate your membership after your membership period has begun, you may be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that DrWeil.com may charge these unpaid fees to your credit card.
In the case of your Vitamin
Advisor order, we offer a 30-day money back guarantee. If you are not satisfied with your purchase, you may return your product within 30 days of your receipt of shipment for a full product refund. Products purchased over 30 days from the date you receive your order are not eligible for return or refund. A completed Vitamin Advisor Return Authorization Form must accompany every return to be eligible for a refund. You will be responsible for the cost of shipping the returned product. If you have any questions, please call 1.800-585-5055, or email us at: CustomerCare@DrWeilVitaminAdvisor.com
Please send your return to:
Weil Lifestyle, LLC
505 S. Madison Drive
Tempe, AZ 85281
YOUR CONDUCT ON OUR WEB SITE
Any conduct by you on our web site that we believe, in our sole
discretion, restricts or inhibits any other user from using or
enjoying our web site will not be permitted. You agree to use our web
site only for lawful purposes. You are prohibited from posting on or
transmitting through our web site any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, fraudulent, racially, ethnically, or derogatory
remarks to another's faith or otherwise objectionable material of any
kind, including, but not limited to, any material that encourages
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national,
or international law. You also agree not to use our Web Site to post
petitions for any issue or cause or post an advertisement or
solicitation of funds, goods or services.
You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of DrWeil.com, will be removed from the Community boards.
You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addressses or employer references or chain letters of any kind.
Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed from the Community boards. If you are in need of someone to talk with, call the National Crisis/Suicide Hotline at 1-(800)999-9999. If you are in immediate danger, call 911!
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our web site, use of our web site, or access to our web site. You agree not to access our web site by any means other than through the interface provided by us for use in accessing our web site. You understand that the robots.txt file is the only means by which robots are authorized to access our web site. You agree not to violate any of the robot access policies.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our web site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our web site, without prior notice.
USAGE OF OUR WEB SITE BY MINORS
Due to the nature of the internet, we cannot prohibit minors from
visiting our web site. However, all purchases of goods or services on
our web site must be made by adults 18 years of age or older, and all
users who register with our web site must be 18 years of age or older
or provide parental consent (see our Privacy Policy.)
DISCLAIMERS
This web site is provided for your use on an "as is,"
"as available" basis. We, along with our affiliates,
officers, directors, employees, agents, third-party content providers,
merchants, sponsors, licensors, or the like (collectively,
"associates"), do not make any representations or warranties
of any kind, express or implied, with respect to our web site or its
Content, including, without limitation, the products, services or
information offered or sold on or through our web site or any other
web site to which our web site links and the uninterrupted or
error-free use of our web site. We expressly disclaim all such
representations and warranties, including, without limitation, all
warranties of merchantability, accuracy, timeliness, completeness,
fitness for a particular purpose and non-infringement to the fullest
extent permitted by law. We do not warrant that our web site or files
available on our web site will be free from corrupted data, computer
viruses or similar destructive or contaminating code. No oral advice
or written information provided by us or our affiliates shall create a
warranty of any kind. Your use of this web site and any site linked to
our web site is expressly at your own risk.
All information contained on our web site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this web site for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our web site. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other web sites that contain links to or from our web site. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.
Price and availability information on our web site are subject to change without notice.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in
creating, producing, or distributing our web site be liable for any
direct, indirect, incidental, special or consequential damages or loss
of profits, good will, use, data or other intangible losses (even if
we have been advised of the possibility of such damages) that result
from (i) any delay, failure, interruption or corruption of our web
site or any data or information transmitted in connection with the use
of this web site. (ii) personal injury or death caused by your use or
misuse of our web site, (iii) the cost of procurement of substitute
goods and services resulting from your use of any goods, data,
information or services purchased or obtained or messages received or
transactions entered into, through or from our web site (iv)
unauthorized access to or alteration of your transmissions or data,
(v) statements or conduct of any third party on our web site, or (vi)
any other matter relating to our web site. You hereby acknowledge that
this paragraph shall apply to all content, merchandise, and services
available through our web site. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such states, liability is limited to the fullest extent
permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our web site.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers,
directors, employees, agents, providers, merchants, sponsors,
licensors and affiliates from and against all claims, actions,
demands, judgments, losses, and liabilities (including, without
limitation, costs, expenses and attorneys' fees) by you or any
third-party resulting or arising, directly or indirectly, out of
Content you submit, post to or transmit through our web site, your use
of our web site, your connection to our web site, your violation of
these Terms of Use, or your violation of any rights of another person.
PRIVACY
We respect your privacy in accordance with the terms of our Privacy
Policy. We reserve the right to monitor our web site and to
disclose any information recorded or posted on, submitted to, or
transmitted through our web site to the extent that we, in our sole
discretion, deem such disclosure necessary or appropriate to comply
with any law, regulation, subpoena, or government request, to operate
our web site, or to protect our rights or property or the rights or
property of our users. In addition, we are committed to protecting the
privacy of children. This web site is not intended or designed to
attract children under the age of 13 (see Usage of our Web Site
by Minors above).
EXPORT
The United States export control laws regulate the export and
re-export of technology originating in the United States. This
includes the electronic transmission of information and software to
foreign countries and to certain foreign nationals. You agree to abide
by these laws and their regulations, including, but not limited to,
the Export Administration Act and the Arms Export Control Act, and not
to transfer, by electronic transmission or otherwise, any Content
derived from our web site to either a foreign national or a foreign
destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our web site. We are
not responsible for screening, policing, editing, or monitoring
Content on our web site. If notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content, we may
investigate the allegation and determine, in our sole discretion,
whether to remove or request the removal of such Content from our web
site. We may terminate your access, or suspend your access to all or
part of our web site, without notice, for any conduct that we believe,
in our sole discretion, is in violation of any applicable law or is
harmful to us, our interests or the interests of another user, a
third-party provider, merchant, sponsor, licensor, or service
provider. Because customer service is paramount to our business, we
reserve the right to refuse to sell products to you if it reasonably
appears to us that you intend to resell the products. In addition, we
reserve the right to limit quantities of items purchased by each
customer.
APPLICABLE LAW; JURISDICTION AND VENUE
We control our web site from our offices within the United States. We
make no representation that the Content on our web site is
appropriate, legal or available for use in other locations. Those who
choose to access our web site from other locations do so on their own
initiative and are responsible for compliance with applicable local
laws. You may not use or export the Content in violation of United
States export laws and regulations. Any claim relating to our web
site, the services provided through our web site or the Content shall
be governed by the internal laws of the state of Arizona, without
reference to its choice of law provisions. If there is a dispute
between you and us, you expressly agree that exclusive jurisdiction
and venue reside in the state and federal courts located in Phoenix,
Arizona.
TERMINATION
These terms are effective until terminated by either party. If you no
longer agree to be bound by these Terms of Use, you must cease your
use of our web site. Subject to applicable law, we reserve the right
to suspend or deny, in our sole discretion, your access to all or any
portion of our web site with or without notice. You agree that any
termination of your access to our web site may be effected without
prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and
files in your account and bar any further access to such files or our
web site. Further, you agree that we shall not be liable to you or any
third-party for any termination of your access to our web site.
FUNDING
All funding and support for this web site is provided by Weil
Lifestyle, LLC, a private commercial business.
ADVERTISING POLICY
We clearly identify those items which are advertisements separately
from those items which contain editorial content.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and us
and govern the use of our web site. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. Our failure to
exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. If any provision
of these Terms of Use is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Terms of Use 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 our web site or these Terms of Use must be filed
within one year after such claim or cause of action arose or be
forever barred. The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied and is
accessible on our web site in a way that constitutes copyright
infringement, you may notify us by providing our copyright agent the
following information:
Our agent for notice of claims of copyright infringement on our web site can be reached as follows:
By mail:
Weil Lifestyle, LLC
PO Box 24762
Tempe, AZ 85285
By email: Webmaster@DrWeil.com
COPYRIGHT NOTICE Copyright 2001-08 Weil Lifestyle, LLC, doing business as www.drweilproducts.com. All rights reserved. Any rights not expressly granted herein are reserved.
These terms of service were last updated on October 25, 2007.