TERMS AND CONDITIONS OF USE
1. Agreement. This agreement specifies the Terms and Conditions for access to and use of Site and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by HulsemanMD.com upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.HulsemanMD.com/Terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Not Healthcare Advice. This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.
3. Payment Methods and Billing. If you wish to purchase Products on the Site, payment may be made by credit card or using your Paypal account. By submitting valid and complete credit card information on the Site's order form, you give us permission to charge your purchases to the card that you designate. Please note that there may be orders that we are unable to accept or fill, and must cancel. If your credit card has already been charged and your order is canceled, you will receive a credit to your card in the amount of the charge. We will contact you if any or all of your order is canceled, or if additional information is required to accept your order. Some situations that may result in your order being canceled include but are not limited to, limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, Product or
ingredient restrictions mandated by local, state, national or international regulations, or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. If your order is canceled after your credit card has been charged, we will issue a credit to your card in the amount of the charge.
4. Shipping and Returns. Policies governing shipping and returns are laid out in our Shipping and Returns Policy, which is hereby incorporated into and made part of this Agreement at www.HulsemanMD.com/Shipping&returns.
6. Ownership. All content included on this site is and shall continue to be the property of HulsemanMD LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
7. Intended Audience. This Site is intended for adults only. This website is not intended for any children under the age of 18.
8. Trademarks. HulsemanMD, and others are either trademarks or registered trademarks of HulsemanMD, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
9. Site Usage. HulsemanMD.com grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of HulsemanMD.com and HulsemanMD.com may terminate your use of this website at any time. You are required to establish an account on this Site in order to take advantage of certain features of the Site, such as making a purchase. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us. You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold HulsemanMD.com and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. HULSEMANMD, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HULSEMANMD, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
16. Applicable Law. You agree that the laws of the state of Indiana, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and HulsemanMD.com or its affiliates.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of HulsemanMD.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by HulsemanMD.com must be in writing and signed by an authorized representative of [name of website].
19. Termination. HulsemanMD, LLC may terminate this Agreement at any time, with or without notice, for any reason.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
22. Contact Information. If you have any questions regarding the above policies please contact us at firstname.lastname@example.org