The following terms and conditions (the "Terms and Conditions") govern your use of the website Diabetesspecialist.com, (this "Website").
This Website is made available by Jafer Nutritional Products, Inc. and Dr. Sarfraz Zaidi, MD (the "Site Proprietor" or "we").
We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Website. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS WEBSITE.
If you do not agree to these Terms and Conditions, you may not access or otherwise use this Website.
By using this Website following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
1. Services Available on this Website. We may make certain content and services available to visitors and registrants of this Website. For example, you may be able to search, browse and read news, articles and other content, and sign-up for and receive e-mail newsletters (these services are hereinafter collectively referred to herein, together with the Website, as this "Website").
2. Orders for Purchases. Through this Website, you may be able to order or purchase products (such as vitamins and books) made available for ordering or purchase through this Website. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Site Proprietor. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
3. Proprietary Rights. As between you and the Site Proprietor, the Site Proprietor owns, solely and exclusively, all rights, title and interest in and to this website, all the content, code, data and materials thereon, the look and feel, design and organization of this Website, and the compilation of the content, code, data and materials on this Website, including but not limited to all intellectual property and proprietary rights therein. Your use of this Website does not grant to you ownership of any content, code, data or materials you may access on the Website. Any commercial use or exploitation of this Website is strictly prohibited. You may view the content on this Website on your personal computer or other internet-compatible device, and make single copies or prints of the content on this Website for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on this Website. If you make other use of this Website, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our content, trade names, trademarks or service marks.
5. You warrant and agree that, while using this Website, you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy or hateful, (c) restrict or inhibit any other user from using and enjoying this Website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via this Website; or (d) attempt to gain unauthorized access to other computer systems through this Website. You agree that you will not use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
6. We have no obligation to monitor any content on or through this Website and we assume no such obligation. As a result, you may be exposed to content on this Website that you find offensive or objectionable; your use of this Website is at your own risk. You acknowledge and agree, however, that we do retain the right to monitor this Website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate this Website properly, or to protect ourselves and our users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
7. You agree to defend, indemnify and hold the Site Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through this Website, or your breach or violation of the law or of these Terms and Conditions.
8. DISCLAIMER OF WARRANTIES. THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THIS WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. THE INFORMATION ON THIS WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT THE SITE PROPRIETOR IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON THIS WEBSITE TO REPLACE CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS TO MEET YOUR INDIVIDUAL MEDICAL NEEDS. PATIENTS AND THEIR CARETAKERS SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL BEFORE UNDERTAKING ANY TREATMENT. YOU SHOULD NOT RELY ON THIS WEBSITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THIS WEBSITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY ORDERS OR PURCHASES, OR ANY PRODUCTS ORDERED OR PURCHASED, VIA THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE, OR FROM ANY ORDERS, PURCHASES OR PRODUCTS, EXCEED, IN THE AGGREGATE, US $10.00.
10. Links from and to this Website. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from this Website ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
11. Applicable Laws. We control and operate this Website from our offices in the United States of America. We do not represent that materials on this Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of California, County of Ventura. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ventura County in the State of California. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Website or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
13. Modifications to this Website and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of this Website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of this Website or restrict your access to part or all of this Website without notice or penalty.