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TERMS OF USE

Last Updated and Effective as of  01-06-2023.

1.  ACCEPTANCE OF THE TERMS OF USE

These Terms of Use (“Terms”) are entered into by and between you and Dr. Brian West LLC ("we" or "us" or “our”). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of www.drbrianwest.com, including any content, functionality, and services offered on or through www.drbrianwest.com (collectively, the “Site”).

Your acceptance of, and compliance with, these Terms is a condition to your use of the Site and to receiving the services made available through the Site (“Services”).

Please read these Terms carefully before you start to use the Site. Accessing, browsing, or otherwise using the Site indicates your agreement to all the Terms herein. If you do not want to agree to these Terms, we ask that you refrain from using the Site. 

2.  CHANGES TO THE TERMS 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page so that you are aware of any changes, as they are binding on you. 

3.  PRODUCT AND SERVICE INFORMATION

We attempt to be as accurate as possible; however, occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, and availability.

We, therefore, do not warrant that product or service descriptions and Site content are accurate, free of errors, complete, or current. If any product or service ordered from this Site that you receive is not as described, you may contact health@drbrianwest.com.

Further, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Site, including without limitation, pricing information, except as required by law.

 

4.  ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was placed.  

You agree to provide current, complete, and accurate purchase and account information for all purchases made from this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5.  DISCLAIMER OF WARRANTIES

The Site is provided on an “as-is” and “as available” basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

6.  LIMITATION OF LIABILITY

 

To the maximum extent permitted by law, in no event shall we be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of 50 U.S. dollars. The existence of more than one claim will not enlarge this limit. 

7.  NO MEDICAL ADVICE

Nothing stated or posted on the Site is intended to be the practice of medicine. For purposes of these Terms, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnoses, prognoses, or advice. Your access or use of the Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our advertisers, partners, or affiliates. If you rely on any of the information provided by our Site, you do so solely at your own risk. 

You are encouraged to confirm any information obtained from or through this Site with other sources and review all information regarding any medical condition or treatment with your physician. Never disregard professional medical advice or delay seeking medical treatment because of something you read or accessed through this Site. 

8.  AVAILABILITY OF SERVICES

We operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to the Site and Services is limited exclusively to users located in states within the United States where the Services are available. 

9.  NO INSURANCE PRODUCT

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

10.  PROHIBITED CONDUCT

Certain conduct on the Site is prohibited, including, without limitation:

  1. Copyrighted Content. You must not publish any material on the Site without the written permission of the Site owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run a full investigation and, upon confirmation, will notify the person or persons responsible for publishing it and, in our sole discretion, will remove the infringing material from the Site.

 

  2.  Trademarks. The Dr. Brian West name and all related logos, product and service names, designs, and slogans are trademarks of          Dr. Brian West or its affiliates or licensors. You must not use such marks without our prior written permission.

 

  3.  Defamatory and/or Objectionable Content. You must not publish defamatory and/or objectionable content on the Site. Any views or opinions you publish on the Site belong solely to you and do not represent our views. We reserve the right to moderate or remove any objectionable content, as determined in our sole discretion. 

 

  4.  Illegal Content. You may not use the Site to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation:

  • Distributing malware or other malicious code.

  • Misrepresenting or fraudulently representing products or services.

  • Infringing the intellectual property or other proprietary rights of others.

  • Disclosing sensitive personal information about others.

  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.

  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.

  • Facilitating pyramid schemes or other models intended to seek payments from public actors.

  • Threatening harm to persons or property or otherwise harassing behavior.

  • Purchasing any of the offered Services on someone else’s behalf.

  • Facilitating, aiding, or encouraging any of the above activities through the Site.

  • System Abuse and Service Resources. You may not consume excessive amounts of the resources of the Site or use the Site in any way which results in performance issues or which interrupts others’ use of the Site. Such prohibited activities include, without limitation:

  • Use or distribution of tools designed for compromising security of the Site

  • Deliberate attempts to overload the Site

  • Engaging in any other activities that degrade the usability and performance of the Site.

  • Hosting or running malicious code or other scripts or processes that adversely impact the Site.

  • Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.

  • Use of web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously.

  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.

11.  TERMINATION AND SURVIVAL

We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms, including your access to the Site for any reason. We may also, in our sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. You understand and agree that we may take any one or more of these actions without any notice to you, prior or otherwise, and you understand and agree that we shall have no obligation or liability to you or any other person for any termination of your, or anyone else’s, access to or use of the Site or parts thereof. You may discontinue your access to, use of, or participation on the Site at any time.

Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

12.  INDEMNIFICATION

You agree to indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors, and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from your use of the Site, your connection to the Site, any violation of the Terms by you, or your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

  

13.  CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. By continuing to use the Site after we make any such changes, you agree to the updated Terms.

14.  PRIVACY PRACTICES

You agree that information provided by you in connection with the Site and  Services shall be governed by our Privacy Policy and Cookies Policy, available here: [link to Privacy Policy] and [link to Cookies Policy], and hereby incorporated and made part of these Terms. 

15.  LINKS TO THIRD-PARTY WEBSITES

The Site may provide links to third-party websites. These links are provided only as a convenience. Linked websites are not reviewed, controlled, or examined by us, and we are not responsible for the information, advertising, products, resources, or other materials of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by us. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.

16.  GOVERNING LAW, JURISDICTION, AND VENUE

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Alabama regardless of where you live.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama, in each case located in the City of Montgomery and County of Montgomery. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any party who unsuccessfully challenges the enforceability of this clause shall reimburse the prevailing party for its attorneys’ fees.

 

17.  ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Dr. Brian West regarding the Site and supersede any prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

18.  SEVERABILITY

 

If any term or provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

19.  YOUR COMMENTS AND CONCERNS

Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to health@drbrianwest.com.

 

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

Telephone number: 334-218-0088

 

 

 


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Effective as of January 6, 2023

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