Terms and Conditions
Terms and Conditions
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS, EXCLUSIONS, AND AN ARBITRATION CLAUSE.
Duben Holistic Chiropractic Center Inc. and Associates (the “Company”, “us”, “we”, or “our”) welcomes you (the “User” or “you”) to its website, docduben.myshopify.com (the “Website”). By accessing and using this Website, you agree to terms and conditions contained herein (“Terms”). Please read these Terms carefully.
Who we Are
We offer a wide range of goods and services, including chiropractic care, nutritional foods, dietary supplements, and vitamins. Some of these goods and services can be purchased via our Website, subject to these Terms.
Privacy Policy
Your use of this Website is further subject to the additional terms set forth in our Privacy Policy, which can be found at the following link: https://docduben.myshopify.com/pages/privacy-policy
We take your privacy very seriously, and we encourage you to closely review our Privacy Policy to see how personally identifiable information we collect from you via our Website is used, stored, shared, and deleted.
All defined and capitalized terms set forth in the Privacy Policy shall have the same meaning under these Terms.
Your Account and Use of the Website
In order to purchase goods and services from this Website, you will be prompted to create an account (your “Account”). You are responsible for maintaining the confidentiality of your Account, including your username and password information. You are further responsible for all activities that occur under your Account, including the activities of any person who is logged-in to your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that the Company is not responsible for third-party access to your Account that results from theft or misappropriation of your Account. The Company reserves the right to terminate your Account in its sole discretion, including due to a violation of these Terms. If you are aware that your Account has been breached or otherwise accessed without your permission, you are required to notify the Company as soon as possible.
By creating an Account, you are authorized to use this Website for lawful purposes only, and in accordance with these Terms. You agree not use this Website, or your Account, for any unlawful purpose, or in any manner that would damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website.
You understand and agree that all content on the Website is either the exclusive property of the Company, or that the Company is otherwise permitted to use such content for its own purposes. As such, you are granted a limited, non-transferable, non-exclusive permission to use the Website for the purpose of purchasing our goods and services. This limited permission entails no further rights beyond this scope, including rights of ownership in the Website’s content, or other intellectual property of the Company. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
We do not grant you any licenses, express or implied, to the intellectual property of the Company, our affiliates, or our third-party contractors, except as expressly set forth in this section of the Terms.
You are not permitted to use this Website, create an Account, or purchase goods and services, if you are under the age of thirteen (13). If you are under the age of eighteen (18), you may use this Website with the permission of a parent or guardian.
Electronic Communications & Notice
When you visit the Website or send emails to us, you are communicating with us electronically. By communicating to us by email, you consent to receive communications from us electronically at the email address you provide. We may communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to update your email contact information if this information changes.
All questions, comments, or required notices may be sent to the Company at Duben Holistic Chiropractic Center, 4165 E. Thousand Oaks Blvd., Ste. 301, Westlake Village, California 91362. You may also contact us by email at info@drduben.com.
Refund Policy
To be eligible for a full refund, your goods must be returned in their original packaging, no later than 14 days from purchase. You will be responsible for shipping and handling costs. To complete your refund, we require a copy of your proof of purchase with your first and last name and/or your order number noted within the package.
You may make the shipping label out to:
Duben Holistic Chiropractic Center
Return of Product
4165 E. Thousand Oaks, Ste. 301
Westlake Village, CA 91362
Upon receipt, we will inspect the returned goods for use or damage. If your refund is approved, funds will be credited to your original payment method within 7-10 business days of approval.
Use of Goods, Risk of Loss & Remedies
Goods and services offered on this Website for purchase are solely for your personal use and enjoyment. You are not authorized to resell or otherwise purchase our goods and services for commercial use.
When you purchase goods from the Website using your Account, all risk of loss of and title to the goods passes to you upon our delivery to the carrier.
We strive for accuracy in all of our descriptions of goods and services. HOWEVER, THE COMPANY DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ON THIS WEBSITE IS ALWAYS 100% ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF ANY GOODS OR SERVICES YOU PURCHASE DO NOT CONFORM TO YOUR USAGE, EXPECTATIONS, OR NEEDS, YOUR SOLE REMEDY IS TO RETURN THEM IN USED CONDITION FOR A REFUND.
No Medical Advice
The Company does not offer or provide any form of medical advice, or other form of individualized consultation concerning our goods and services, through this Website. You are responsible for consulting a medical professional for individualized advice, prior to purchasing any of our goods and services.
No Warranties
ALL GOODS AND SERVICES YOU PURCHASE ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT REPRESENTAITON, GUARANTEE, OR WARRANTY OF ANYKIND. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR USE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY AVAILABLE TO YOU FROM THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, FOR ANY AND ALL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, OR THE PRIVACY POLICY, SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL, ACTUAL FEES PAID BY YOU TO THE COMPANY FOR GOODS AND SERVICES PURCHASED THROUGH THE WEBSITE, OR (B) FIVE HUNDRED DOLLARS ($500). WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING FROM OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE WEBSITE.
Amendments or Changes to these Terms
You understand and agree that the Company reserves, in its sole discretion, the right to amend and change these Terms from time to time, and that all such changes are effective immediately when posted.
Governing Law and Jurisdiction
All matters relating to these Terms, the Privacy Policy, or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). With respect to any dispute or claims not subject to arbitration (as set forth below), if any, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, located in the County of Los Angeles, and you hereby consent, to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California, located in the County of Los Angeles.
Using this Website Outside the United States
Unless otherwise specified, this Website is displayed solely for the purpose of promoting our goods and services available in the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Arbitration
You and the Company agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms shall be final and binding arbitration, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, then the parties acknowledge that injunctive or other appropriate relief may be sought.
Arbitration shall be conducted in Los Angeles County, California, and shall be conducted by one arbitrator agreed upon by the parties. Should the parties fail to agree upon an arbitrator within 10 business days of the initiation of the claim, then the parties shall each select one arbitrator and the two arbitrators shall select a third, which third arbitrator shall alone arbitrate the dispute. The arbitration shall be conducted pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS (excluding rules for initiating a claim and selecting an arbitrator). The Arbitrator is empowered to grant damages, injunctive relief, and all other appropriate relief as permitted by law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure section 1283.05. The award of the Arbitrator shall be issued within fifteen (15) days after the close of the arbitration hearing and shall be final and conclusive. Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof. The Arbitrator shall, in the award, allocate all of the costs of arbitration and mediation costs, if the parties agree to and participate in any mediation, including the fees of the Arbitrator.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, representatives, successors, assigns, subcontractors, members, and affiliates from and against any and all claims, demands, actions, settlements or judgments, including reasonable attorneys’ fees and litigation expenses arising from the (1) negligent or reckless actions or omissions of you or your agents, (2) breaches of these Terms or the Privacy Policy by you or your agents, and/or (3) inaccurate, incomplete or false information provided to the Company by you or your agents.
No Agency
Nothing in these Terms is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between you and the Company, and neither shall have the right or authority to act for or on behalf of the other.
Entire Agreement
These Terms, and any invoices, order forms, or receipts reflecting your obligations to pay for goods and services purchased via the Website, constitute the sole and entire agreement between you and the Company and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Waiver & Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. A printed version of these Terms and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Additional Terms for Standard Process Products
You understand and agree that this Website utilizes an application provider interface (“API”) furnished by Standard Process Inc. (“SP”) to populate the Website with certain information regarding SP nutritional supplements and related products (“SP Products”) that may be displayed and made available for purchase through the site from time to time. The API also may be used to send to SP information regarding your use of and placement of orders through the Website to facilitate SP’s fulfillment of those orders and to support the ongoing operation, maintenance, and improvement of the API as well as other business purposes permitted by law. SP retains all right, title, interest, and ownership in and to the API as well as all SP trademarks, service marks, trade names, branding, logos, content, information and other materials made available by SP through this site (collectively, “SP Materials”). You may only use SP Materials while visiting this Website to purchase SP Products and for no other purposes whatsoever. Without limiting the foregoing, you may not (a) copy, modify, change, alter, enhance, or create derivative works of the SP Materials; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of any SP Materials; (c) remove any proprietary notices from SP Materials; or (d) use the SP Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates applicable law. SP Products are made available for purchase subject to restrictions generally set forth in the SP Terms of Sale, a copy of which can be found at the following link https://my.standardprocess.com/Policy/Terms-of-Sale/Online-Store. In addition to the Terms of Sale, you understand and agree that (a) you are prohibited from reselling or promoting SP Products to third parties, (b) you are encouraged to consult with a qualified medical professional in selecting, ordering and using SP Products, (c) SP Products are not intended to diagnose, treat, cure or prevent disease, and that SP does not provide medical advice or recommendations regarding individual health status, (d) you must read all information on SP Products that it is using, and (e) SP Products are for personal use only.