Effective Date: 6/17/2010
Please read these Terms and Conditions carefully before using the website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this website or by ordering any product from DrLindseyBerkson, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.
DrLindseyBerkson attempts to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date.
DrLindseyBerkson makes no representation as to how complete, accurate, or current any information is on this Website. For example, products discussed or included on this Website may be unavailable, and/or article information may be controversial. For other sites discussed or linked to, that are not maintained by DrLindseyBerkson.com, DrLindseyBerkson.com does not endorse those sites and is not responsible for the content of such other sites.
All products, product information, comments, articles and content on this website are subject to change at any time without notice.
The information contained in the Website is provided for educational and informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the DrLindseyBerkson.com Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, DrLindseyBerkson.com) for diagnosing or treating a health problem or disease, or prescribing any medication.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging of any products mentioned, recommended or sold on this site, prior to use. You should not reach out with personal health information for personal answers you need to refer to your own healthcare professionals for personal advice.
Use of Website:
The entire contents of this Site are copyrighted under United States law. Individual articles on the Site may be copied in full, without specific permission, for not-for-profit purposes, provided that your copy of the article includes full copyright and contact information, giving credit to Dr. Berkson, at DrLindseyBerkson.com.
If possible, it would be appreciated if the article included an endorsement and encouragement to subscribe to the Berkson Blog: DrLindseyBerkson.com
All other Materials, videos, podcasts, except for individual articles, from this Website may not be copied, distributed or transmitted in any way without prior written consent of DrLindseyBerkson.com.
The design of this Website and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from DrLindseyBerkson. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
All material on this Site is provided for lawful purposes only. You agree not to use the material on this Site for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website.
DrLindseyBerkson.com will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Notice for Claims of Intellectual Property Violations and Agent for Notice:
DrLindseyBerkson abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at DrLindseyBerkson’s sole discretion, that response may include removing, disabling and/or terminating access to material residing on the Website that is claimed to be infringing, in which case DrLindseyBerkson.com will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Ordering and Payment:
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products or services ordered will be used only in a lawful manner. All audio, book supplement, course and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
You are not able to order any products for resale purposes.
We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order, you authorize DrLindseyBerkson.com to charge the credit card / debit card/PayPal account that you provided for your order. If your credit card or PayPal account is declined at the time you place your order, your order will not be accepted and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) DrLindseyBerkson.com reserves the right to pursue any/all collection efforts allowed under the law.
If there is an underage amount for any order paid by check (check amount is less than the order’s total), DrLindseyBerkson.com has the right to use your store credit to pay for the underage amount, refuse your payment, or ask you to submit an additional payment for the underage amount. If DrLindseyBerkson.com has not received complete payment within two weeks of your order date, your order will be cancelled and payment voided.
All check orders will be placed on-hold until DrLindseyBerkson.com receives full payment and the payment has cleared DrLindseyBerkson.com bank. Once DrLindseyBerkson.com receives confirmation from the bank that your payment has cleared, your order will be fulfilled.
Linking to this Website:
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.
From time to time, this Website may contain links to websites that are not owned, operated or controlled by DrLindseyBerkson or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that DrLindseyBerkson.com is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Products and/or services purchased through third-party websites such as Amazon are subject to the Terms and Conditions of such other parties and their websites, and DrLindseyBerkson.com shall have no liability or responsibility theretofore.
You agree to indemnify and hold DrLindseyBerkson.com and our family, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Disclaimer of Warranties:
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
DRLINDSEYBERKSON.COM AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DRLINDSEYBERKSON.COM AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DRLINDSEYBERKSON.COM OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER DRLINDSEYBERKSON.COM NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You agree that DRLINDSEYBERKSON.COM and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Website or any services, products or information obtained on or through the Website, Website interruption, suspension or termination, even if DrLindseyBerkson.com or its affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Website; linking to any third party website from the Website; any unauthorized access to any information on the Website and/or submitted by you to or through the Website; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Website; and/or loss of profits, use, data or other intangible losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.
You further agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. DrLindseyBerkson.com is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including “line-noise” interference). Under no circumstances will DrLindseyBerkson.com or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacture’s or suppliers warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.
Your use of this Website and or any educational services or consultations or educational products or courses or by ordering any product or blogs or podcasts from DrLindseyBerkson.co,, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at: Info@drlindseyberkson.com
Dr. DL Berkson
PO Box 203084
Austin, TX 78720