Terms And Conditions
Welcome to www.Earthhealthcare.com (the “Website”) and EHC Medical Group, a California Professional Corp. (“Sponsor”, “we”, “our”, or “us”). The Website enables visitors (“Visitors”) who are at least eighteen (18) years of age to make purchases. These Terms and Conditions of Use (the “Agreement”) set forth the terms and conditions which govern your use of the Website. Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website. Sponsor reserves the right to modify this Agreement at any time without notice by updating the version of the Agreement as posted on the Website, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. The Sponsor cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on this Website. You bear sole responsibility for your own health and diet research and decisions.
THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on 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 or any information contained on or in any product label or packaging. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from this Website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
1. Commercial Transactions.
2.1 Purchases. Services are offered for sale through the Website. In the event you wish to purchase any of these services, you will be asked by Sponsor or an authorized third party on Sponsor’s behalf to supply certain personally identifiable information., including without limitation, your full name, address, telephone number and credit card information. You agree to provide Sponsor or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of this Agreement. You shall be responsible for all charges incurred through your account as well as for paying any shipping and handling charges, and applicable taxes.
2.2 Payment. Your right to purchase products that are available for purchase through the Website is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
2. Disclaimer of Warranties.
3.1 YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SPONSOR NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS WARRANTS THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER SPONSOR NOR ANY OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. 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. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
3.2 Sponsor makes no guaranty of continuous, uninterrupted or secure access to the Website. Operation of the Website may be interfered with by numerous factors outside of the control of the sponsor.
You shall indemnify and hold harmless Sponsor and our officers, directors, employees, shareholders, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Sponsor, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website, your connection to our Website, your purchase of products or services from this Website, your breach of this Agreement, or your violation of any law or the rights of a third party. This indemnity survives the termination of this Agreement.
4. Limitation of Liability.
Sponsor assumes no responsibility, nor or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL SPONSOR OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY AGAINST US IS TO SEEK A REFUND IN ACCORDANCE WITH OUR RETURN AND REFUND POLICIES AS POSTED ON THIS WEBSITE.
4. Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
6. Refunds and risk of Loss.
To cancel a DNA test order within thirty days of purchase and before returning a sample, contact us for a refund of the total cost minus the cost of shipping and $25. The $25 fee is for the DNA kit itself; due to the nature of DNA testing, we’re unable to take returns. The canceled kit should simply be discarded. For a DNA kit purchased for $199 plus $12.99 shipping, the total refund amount would be $96.99. All items purchased from the Website are shipped pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments.
7. Product Descriptions, Specifications and Accuracy of Information.
Sponsor makes reasonable efforts to assure that the information on this Website, including product descriptions and specifications, is accurate, complete and current. However, Sponsor does not warrant that the product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The color of the actual products may differ from what you see on the Website and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. 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 you are eighteen (18) years or older and that the products ordered will be used only in a lawful manner. The appropriateness of use of a given product may vary depending on circumstances. If you believe a product offered by through the Website does not meet the product description, your sole remedy is to return it in unused condition.
8. Use of this Website.
The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site 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 permission of the Sponsor. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Sponsor.
9. 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. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
10. Third Party Links.
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Sponsor or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
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 Sponsor to collect our fees and/or recover damages for, or to obtain an injunction relating to the Website’s 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 Los Angeles, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Sponsor may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of Sponsor 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 $1000.00. 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.
12. Governing Law.
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of California. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13.Domestic Use Only.
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party without your consent or notice to you of such assignment. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others or to enforce any right here under does not waive our right to act with respect to subsequent or similar breaches or exercise such rights in the future. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
15. Contact Us.
If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com or write to us at Earth Healthcare 907 Westwood Blvd. Suite 344 Los Angeles Ca 90024
Last Updated: February 18, 2018
Copyright © 2017 Earth Healthcare – A Division