Terms of Use / Disclaimer

 Agreement between User and DR.BRIANWEST,D.C.,MS,DACBN, DR. WEST WELLNESS CLINIC, DRBRIANWEST.COM Welcome to DRBRIANWEST.COM. The DR.BRIANWEST.COM website (the “Site”) is comprised of various web pages operated by Dr. Brian West LLC (“Wellness Clinic”). DRBRIANWEST.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of DRBRIANWEST.COM constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The information and nutritional advice , programs and views of This website and Dr. Brian West LLC (Dr. West Wellness Clinic) DRBRIANWEST.COM are not intended to be a substitute for conventional medical care. No information offered here or product sold on this website should be interpreted as a diagnosis of any disease nor an attempt to cure, treat or prevent any disease or condition. We recommend that you consult with your doctor before starting any of our programs, especially if you have a medical condition or are taking prescription medication.

Disclaimer:

DR.BRIANWEST.COM is an E-Commerce Site.

Sharing information on Dr. Brian West LLC services in the functional medicine industry

Privacy
Your use of DR.BRIANWEST.COM is subject to Dr. Brian West’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting DR.BRIANWEST.COM or sending emails to Dr. Brian West LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dr. Brian West is not responsible for third party access to your account that results from theft or misappropriation of your account. Dr. Brian West and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Dr. Brian West (Wellness Clinic)  does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.drbrianwest.com only with the permission of a parent or guardian.

The patient and any other person responsible for payments has a 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 fee, or reduced fee service, examination or treatment.

When you buy a DIY Program, you understand this is a do-it-yourself and no doctor-patient relationship is being created. You also agree the DIY Program is for informational purposes only, and you should not alter your health regimen without guidance from your primary doctor. You also agree the DIY is a 12 week Program. This is NOT a Life-time Access to it's content. Your Access expiration starts at the day of your purchase. In addition you agree that everyone achieve different results, and Dr. Brian West, DC, MS, DACBN, DRBRIANWEST.COM, Dr. Brian West LLC, and any of our DIY Programs recommendations are held reliable, and or responsible to your health, this binder is not contigent in your results you agree to pay for the DIY Program to receive access in a course format that serves you for educational purposes ONLY, and it's up to you to put this information into action, we advise you to consult your primary care physician or prior making any changes to any changes to your health. You'll receive valuable information during the Program tested and tried by thousands of people, the information and recommendations has not been evaluated by the FDA and should not be used as personal health advice. The statements are not intended to diagnose, treat, or cure any disease. The information is not intended to replace or delay prescription medication, the content for the Programs, and DIY programs were created by the opinions of Dr. Brian West, DC, MS, DACBN unless otherwise noted. Individual information articles and part of the Programs content are based upon the respective author, who retains copyright and responsibilities as marked. The Programs and DIY Programs are not intended to replace a one-on-one relationship witha qualified health care professional and is not intended as medical advise. All suplemens sold at DRBRIANWEST.COM are not intended to diagnose, treat cure or prevent any disease. If you're pregnant, nursing, taking medication, or have a medical condition, cnsult your physician before using any products. The program will be delivered via email, a link that will redirect you to our website where you can log in to your Program , or DIY Program to start with the educational modules, we can not guarantee clients will receive these emails because of email spam filters. Not receiving email with your access information is not an acceptable excuse for not acessing the program. You should reach out to our admin via email at health@drbrianwest.com, or mobile text message at 334-218-0088 if you're having any techinical difficulties or need help with your digital purchase.

RECORDED PRODUCTS INCLUDING ALL PROGRAMS & DIY PROGRAMS: 

  • Due to the nature of Dr. Brian West's educational materials, no returns will be accepted. All sales of recorded materials are final, without exception.

SUPPLEMENT SHIPPING POLICY 

  • Shipping for supplements that aren’t special orders are free for all orders greater than $199 in the intercontinental USA.  Orders that are not special orders under $250 have a $10.50 flat rate shipping fee.

  • All ingredients for Dr. West's supplements recommendations can be found in the program. It’s the patient’s responsibility make sure there are no specific allergens in the supplements before they are shipped, the best time to address this is during the supplement program design. If products are sent and allergies are found after the fact, the above return policy applies.

  • International orders are shipped by USPS Mail International Priority. Please contact the office for any international shipment requests. If you require expedited shipping, please e-mail for UPS Expedited Worldwide shipping charges. International shipping fees will be charged on a separate invoice once distance and weight costs can be calculated.

  • Dr. Brian West LLC and  is not responsible for issues with shipping as long as the products are sent to the address added by the client during the check out..

  • The client is responsible to make arrangements with the delivery services if there is an issue with the package, this includes lost or stolen packages as well.

  • The Dr. West Wellness Clinic is not responsible for any packages seized by customs as well any VAT or custom fees that may be incurred.

  • We do not provide refunds on shipping fees.

RETURN POLICY & REFUNDS:

  • Pre-approval is required on all returns. Once approved we will provide instructions for the return process.

  • Refunds are given once products are returned and then inspected. Opened supplements, refrigerated supplements or special orders cannot be refunded.

  • Supplements (non-special order, unopened and non-refrigerated items) may be returned with a 15% restocking fee of the purchase price for store credit once the products are returned.

  • All supplement returns must be requested within 30 days of the invoice date and returned no later than 7 days after the 30-day return window, for a 15% restocking fee.

  • Any fraudulent charge-back claims will be disputed and sent to collections.

WARRANTY INFORMATION AND DEFECTIVE PRODUCTS: 

  • Products bought at DRBRIANWEST.COM carry a 30-day limited warranty against defects. Any products missing from your order must be reported within the first week of receiving the order.

PRODUCTS PURCHASED FROM RE-SELLERS: 

  • If you purchased any of Dr. Brian West's recommended proucts outside of DRBRIANWEST.COM/STORE from any re-sellers, then you must handle the return directly through them.

  • We accept Visa, MasterCard, or Discover or digital check via or Quick-books. All payments must be made in U.S. funds.

  • All orders must be pre-paid.

  • Prices subject to change without notice.

  • Payment is due at the time of consultation via emailed invoices and text reminders. A late fee of $5 per day will be applied to bills unpaid after 48 hours. This prevents delays in patient care.

  • Methods of payment: Visa, MasterCard, Discover or Debit. E-check via online invoice.

  • All consultations are timed from the time the appointment begins; you will only be billed for the actual time block used. This also includes new patient consultations.

SHIPPING & HANDLING:

  • Within the mainland, U.S. orders are shipped via USPS Ground or Priority Mail, unless otherwise requested. If you require your order quickly, please ask for request expedited shipping to ensure your products arrive sooner.

  • Extra charges apply for orders shipped to International countries as well as  Hawaii and Alaska. Please e-mail if you have questions.

  • International orders are shipped by USPS Mail International Priority. Please contact the office for any international shipment requests. If you require expedited shipping, please e-mail for UPS Expedited Worldwide shipping charges. International shipping fees will be charged on a separate invoice once distance and weight costs can be calculated.

  • The clinic is not responsible for issues with shipping as long as the products are sent to the address approved by the patient in the previous invoice. The patient is responsible to make arrangements with the delivery services if there is an issue with the package, this includes lost or stolen packages as well.

  • The Dr.Brian West LLC is not responsible for any packages seized by customs.

Dr. Brian West, D.C., MS, DACBN AND DRBRIANWEST.COM Website Agreement

No individual, who visits this site should use the information, resources or tools contained in this website to self-diagnose or self-treat any health related condition. Diagnosis and treatment of all health conditions should only be performed by your licensed health care provider.

This Web Site (the “Site”) is an online information service provided by Dr. B. West, D.C., MS, DACBN, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DRBRIANWEST.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are DR. BRIAN WEST LLC, DR. WEST WELLNESS CLINIC, DR.BRIANWEST.COM, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to DRBRIANWEST.COM a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to DRBRIANWEST.COM by all means and in any media now known or hereafter developed. You also grant to DRBRIANWEST.COM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DRBRIANWEST.COM  for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DRBRIANWEST.COM

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of DRBRIANWEST.COM . Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by DR. BRIAN WEST, D.C. MS, DACBN, DRBRIANWEST.COM, does not operate, control or endorse any information, products or services on the Internet in any way. Except for DRBRIANWEST.COM identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with DRBRIANWEST.COM. You also understand that DRBRIANWEST.COM cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DRBRIANWEST.COM PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DRBRIANWEST.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. FLORIDAFUNCTIONALMEDICINE.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.  DRBRIANWEST.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL  DRBRIANWEST.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DRBRIANWEST.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.. IN SUCH STATES, DRBRIANWEST.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

DRBRIANWEST.COM makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-DRBRIANWEST.COM web site, please understand that it is independent from DRBRIANWEST.COM, and that Dr. Brian West LLC has no control over the content on that web site. In addition, a link to a DRBRIANWEST.COM web site does not mean that DRBRIANWEST.COM endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.
You agree to indemnify, defend and hold harmless DRBRIANWEST.COM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of  DRBRIANWEST.COM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term and Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between DRBRIANWEST.COM and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DRBRIANWEST.COM'S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DRBRIANWEST.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

All policies and procedures are subject to change. Any client working or purchasing any of Dr. West LLC products, or digital products sch as Programs, and DIY Programs, and Courses must adhere to all terms, policies, and procedures unless individual accommodations are made. If you have any questions please let the us know.

Contact Us

Dr. Brian West welcomes your questions or comments regarding the Terms:

Dr. Brian West LLC (Wellness Clinic)
8650 Minnie Brown Rd  suite # 300
Montgomery, AL 36117

Email Address:
health@drbrianwest.com 

Telephone number: 334-218-0088

 


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Effective as of January 3, 2022