Below are the TERMS and CONDITIONS Amy Myers MD PA offers you access to our website. If you do not agree to be bound by the terms and conditions of this user agreement, do not use or access our website, goods and/or services. You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use Amy Myers MD PA website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Amy Myers MD PA (DBA Austin UltraHealth) a Texas Corporation (hereinafter referred to as “Amy Myers MD PA” “We,” or “Us”). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. This Agreement may not be otherwise amended except in a writing signed by you and Amy Myers, MD. This Agreement is effective as of January 1, 2014.
PART 1: HEALTH DISCLAIMER
The views and nutritional advice expressed by Amy Myers, MD PA is not intended to be a substitute for conventional medical service. Purchasing a product, program or wellness coaching does not establish a doctor patient relationship with Amy Myers, MD or any of our Physicians or Registered Dietician/ Nutritionist. If you have or suspect that you have a medical problem, promptly contact your health care provider. We do not claim to “cure” disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself. No material or product on this website is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. We suggest that you continue to work with qualified medical professional as you engage in our material, products and services. No information offered here, or product sold on this website, should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent or cure any disease or condition. For any products and/or services purchased from Amy Myers MD PA you should carefully read all product packaging and instructions. While the information on this website, and the products sold on it, are discussed in the context of numerous conditions, it can be dangerous to start any health program without first consulting your physician. Information and statements regarding products and/or services made available by Amy Myers, MD PA have not been evaluated by the Food and Drug Administration. Amy Myers MD PA products and services are not intended to diagnose, treat, cure or prevent any disease.
It is advised to consult with your physician before purchasing any product, service material from Amy Myers MD PA particularly if you are pregnant or nursing, have cancer, have active or a history of liver disease, kidney disease or iron storage disease, are on medications for hypertension, mental illness or diabetes. Do not purchase products that contain ingredients to which you are allergic or have a known sensitivity. If you are purchasing one of our programs or cleanses we highly recommend that you use a back-up method of birth control in addition to the birth control pill.
PART 2: USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
PART 3: PAYMENT
Customer agrees to compensate Amy Myers MD PA for any goods or services ordered through this website at the original purchase price. Ex. promotions, distributors, etc.
PART 4: LIABILITY LIMIT
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Amy Myers MD PA liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars. Customer acknowledges that this limitation of liability is part of the consideration of this agreement, and was specifically included by Amy Myers MD PA in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Amy Myers MD PA products may be brought by you or Amy Myers MD PA more than one (1) year following the event which gave rise to the cause of action.
PART 5: INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO AMY MYERS MD PA, AS WELL AS HOLD THE AMY MYERS MD PA HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH THE CLEAN PROGRAM CORP. MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM AMY MYERS MD PA SOLE OR COMPARATIVE NEGLIGENCE.
PART 6: LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
PART 7: NOTICES
Except as explicitly stated otherwise, any notices shall be given by certified postal mail, return receipt requested, to Amy Myers MD PA 5656 Bee Caves Raod, Suite D 203, Austin, Texas 78746. Notice shall be deemed given three (3) days after the date of mailing.
PART 8: ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Amy Myers MD PA to collect our fees and/or recover damages for, or to obtain an injunction relating to, Amy Myers MD PA website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Austin, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Amy Myers MD PA may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect the rights or property of Amy Myers MD PA pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
PART 9: MISCELLANEOUS
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
This Agreement shall be subject to and governed by the laws of the State of Texas, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Amy Myers MD PA of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
PART 10: STORE SUPPORT
Support is available Monday to Friday: 8am to 5pm Central Standard Time. Email: [email protected] – Telephone: (512) 721-0424
PART 11: SHIPPING & DELIVERY
We endeavor to ship all domestic orders within 24 hours of receipt. International orders are held for 24 hours before shipment. Orders placed after 1:00 PM CST on Fridays will be shipped the following Monday. Shipping charges are calculated based on the speed of the shipping option you choose, plus the weight of the items. To reflect the policies of the shipping companies we use, all weights are rounded up to the next full pound. On rare occasions, the actual shipping and handling charge may differ slightly from the quoted charge. Any order being shipped in the United States over $150 is eligible for free Ground shipping. At this time, International orders are not eligible for free shipping.
If you need to cancel a recent order, please contact us at 512-721-0424. We have a 24-hour cancellation policy.