All materials presented herein and all online services provided at www.drjamiehardy.com are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the website. By visiting www.drjamiehardy.com, you are consenting to our terms and conditions.
NO PROFESSIONAL ADVICE
The information contained in or made available through our website (including but not limited to information contained on videos, message boards, comments, on conference calls, in emails, in text files, or in chats) does not replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. You should consult a physician in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the website, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
USE OF THE SITE AND SERVICE
To access or use the website, you must be 18 years of age or older. Therefore, individuals under the age of 18 are prohibited from using the website. Information provided on the website and in the service related to health and wellness and other information are subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the content.
LAWFULNESS
The website and service may be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website. You agree to use the website and to purchase services or products for legitimate, non-commercial purposes. You shall not post or transmit through the website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse service to any order, person or entity. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the website or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
CONFIRMATION OF ORDERS
Confirmation of order placement, order details, and product delivery information will be communicated to you via email. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
REFUNDS, RETURNS AND CANCELLATIONS
In accordance with industry standards no refunds will be offered on digital and online offerings that can be downloaded and viewed or for health supplements. All programs are non-refundable.
PRODUCT DESCRIPTIONS
We strive to describe and display the service as accurately as possible. While we try to be as precise as possible in explaining the service, please do not accept that the website is entirely accurate, current, or error-free. We may correct errors in pricing and descriptions when they are identified. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL SUBMITTED TO THE WEBSITE
You shall not upload, post or otherwise make available on the website any artwork, photos, or other materials protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right. Additionally, determining that any materials are not so protected rests entirely with you. As such you shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the website, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.
RIGHTS TO YOUR INTELLECTUAL PROPERTY
We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the website or service. You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the website, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The website and service contain intellectual property owned by www.drjamiehardy.com, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the website or service content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the service, without refund, if you are found to be in violation of this intellectual property policy.
CHANGES TO TERMS
We reserve the right to update any portion of our website and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the website and list the effective dates on the pages of our Terms and Conditions. Such updates are effective immediately by us posting the new Terms and Conditions on this website. Any use of the website or service by you after being notified means you accept these amendments.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, WWW.DRJAMIEHARDY.COM IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF PRESCRIPTIVE NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED.
THIRD PARTY RESOURCES
The website and the service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, legal fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the website or service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
NOTICES
All notices, requests, and other communications under this agreement shall be in articulated writing and submitted to the following address:
1490 Union Avenue #116
Memphis, TN 38104
GOVERNING LAW; VENUE; MEDIATION
This agreement shall be construed in accordance with, and governed by, the laws of the State Tennessee without regard to its conflict of law provisions.
Last Updated March 2016