PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you agree to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use this website.

We may make changes in the materials contained in or described on this website at any time without notice. We may also make changes in these Terms and Conditions of Use without notice. User is bound by such revisions and should therefore periodically visit this page to review the then current Terms and Conditions of Use.

This Website Does Not Provide Medical Advice

This website drsamberne.com, and all information contained on drsamberne.com (“this website”) is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional.

This website is neither intended to diagnose nor treat any problem or disease. Using this website DOES NOT create a doctor-patient relationship between you and Dr. Sam Berne.

If you have or suspect that you have a medical problem, contact your doctor immediately.

This website is not intended to advise users on the use or discontinuation of any medical treatment or dietary supplement. Individual decisions about the choice of medical and nutritional therapies are the responsibility of the user and his or her health care professional.

You cannot use this website or the information on this website for any purpose other than for informational purposes. The information on this website cannot be used, sold, licensed, accessed, or transferred, for any business or commercial purpose, or any other purpose.

Limited Liability of This Website and Its Owners

This website is provided for your use on an “as is,” “as available” basis.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS, SERVICES OR INFORMATION OFFERED OR SOLD ON OR THROUGH THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE LINKS AND THE UNINTERRUPTED OR ERROR-FREE USE OF THIS WEBSITE.

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 this website or files available on this website 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 website and any site linked to this website is expressly at your own risk. We explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites that contain links to or from this website. Because some websites employ automated search results or otherwise link you to websites 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 websites, and you hereby irrevocably waive any claim against us with respect to such websites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing this website 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 this website or any data or information transmitted in connection with the use of this website. (ii) personal injury or death caused by your use or misuse of this website, (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 this website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on this website, or (vi) any other matter relating to this website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through this website. 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.

WE ARE NOT LIABLE FOR ANY MEDICAL PROBLEMS, PERSONAL INJURY, INCLUDING DEATH, OR DAMAGES, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR THE CONTENT ON THIS WEBSITE.

If another website chooses to establish a link to drsamberne.com or any other site containing content developed by Dr. Sam Berne, Dr. Sam Berne is not responsible for the content of such linked site in any manner.

Information on this website may contain inadvertent technical inaccuracies or typographical errors. If the information on this website is to be cited, used as a reference, or used for any other purpose or action, it is the user’s responsibility to determine that said information is free of technical or typographical error. Information may be changed without notice.

We control this website from our offices within the United States. We make no representation that the content on this website is appropriate, legal or available for use in other locations. Those who choose to access this website 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 of this website in violation of United States export laws and regulations.

Copyright and Trademark

drsamberne.com and the content on this website is the property of Dr. Sam Berne.

drsamberne.com Copyright © 2017 Dr. Sam Berne. Unless otherwise noted, all materials contained in this website are copyrighted and may not be used except as provided in these terms and conditions or in the copyright notice or other proprietary notice provided with the relevant materials.

This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of Dr. Sam Berne. All use of Dr. Sam Berne. trademarks is governed by Dr. Sam Berne. No additional rights are granted by implication, estoppel, or otherwise.

Disputes and Applicable Law

Any claims arising in connection with your use of this website, or the content of this website, must be brought within one (1) year of the date of the event giving rise to such action occurred. The exclusive venue for such claims shall be in the state and federal courts located in New York County, and you consent to the exercise of personal jurisdiction in such courts. YOU WAIVE THE RIGHT TO JURY TRIAL FOR SUCH CLAIMS.

These Terms and Conditions are governed by the internal substantive laws of the State of New York without respect to its conflict of laws principles.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect to the fullest extent. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You agree to indemnify, defend, and hold harmless Dr. Sam Berne, our officers, directors, employees, agents, licensors, licensees 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, from your use of this website or any information contained herein, your connection to this website, out of content you submit, post to or transmit through this website, your violation of these Terms and Conditions, or your violation of any rights of another person.

If you violate any of these Terms and Conditions, you automatically lose the right to use this website. We reserve the right to terminate your registration, membership, use, and access to this website if you violate any of these terms and Conditions. We reserve the right to take such action as we deem appropriate, including all available legal and equitable rights and remedies, with respect to any actual or threatened violations, and the enforcement, of these Terms and Conditions.

Except as expressly provided in these Terms and Conditions or in other official notice on this Website, these Terms and Conditions and the Privacy Policy constitute the entire agreement between you and us with respect to the use of this website and its content.

Refunds

We do not offer refunds on product orders. For questions and concerns regarding your order you can reach customer support at orders@drsamberne.com.

Last Updated: July 2017