Terms & Conditions

 

Welcome to drberg.com. By using this website, you agree to comply with the terms and conditions of drberg.com. These terms and conditions can change without notice by posting them to this website. If you do not agree then go elsewhere.

Disclaimer of Warranty

All content, materials, products, services and information on this website are given on an "as is" and "as available" basis, without warranties of any kind, either said or implied. Neither drberg.com nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this website's information or any other website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if drberg.com is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.

Trademarks and Copyrights

You agree that all content appearing on the website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio sections, icons, digital downloads, data compilations and computer software, are the sole property of drberg.com or its partners and suppliers, and are protected by United States and international copyright laws. All content on this website is the exclusive property of drberg.com and protected by United States and international copyright laws. All software used on this site is the property of drberg.com and protected by United States and international copyright laws. Users are granted permission to browse and use the drberg.com website for information only. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this website or the exploitation in any other manner of any content of this website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this website is strictly prohibited.
Drberg.com does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this site without the prior written consent of Dr. Berg personally. Registered and unregistered proprietary information is owned and held by drberg.com and therefore, you may be liable for infringement or misappropriation or other legal action if you misuse this website in any form either mentioned or unmentioned.

Third Party Websites

Any 3rd party websites are independent from drberg.com, and drberg.com has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between drberg.com and another website further does not mean that drberg.com endorses that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions. Drberg.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the factors from 3rd party websites

User Restrictions

This website is for your personal, non-commercial only. You agree that you will not use this website for any purpose including, but not limited to, advertising, or selling products; to monitor, gather or copy content on this website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other "hidden text" utilizing Dr. Berg's name or any trademarks. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the drberg.com website any libelous, defamatory, obscene, inflammatory, pornographic or profane way. Drberg.com reserves the right to seek all remedies for violations of these terms and conditions.

Product Descriptions

Drberg.com attempts to be as accurate as possible. However, drberg.com does not claim that any content of this website is accurate, complete, reliable, current or error free.

Revisions

Drberg.com may, at its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services or prices offered through this website.

Consent

By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions.

Indemnity

You agree to hold harmless drberg.com, its affiliates, officers, employees, agents, licensors and licensees from any damages, liabilities, costs and expenses, including reasonable attorneys' fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising with your use of this website.

Enforceability and Governing Law

Your use of drberg.com is governed with the laws of the state of Virginia, without regard to its law provisions. Any action against drberg.com arising from the use of the website and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in Virginia.

Your Representations

You state that you are 18 years of age or older.

Return/Refund Policy

Click here for our Shipping and Refund Policy

Customer Service

If you have any questions, please call us:

Hours of Operation:
Customer Support: +1 703-354-7336
Monday – Friday: 7:00 a.m. – 12:00 a.m. EST
Saturday - Sunday: 10 a.m. - 7 p.m. EST

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The DrBerg.com mobile messaging program (the “Program”) is operated by The Health & Wellness Center, Inc. dba Dr. Berg Nutritionals (“Dr. Berg,” “we,” “us,” and “our”). By opting in to or participating in any of the Program, you accept and agree to these Mobile Messaging Terms and Conditions (the “Terms and Conditions”) and our Privacy Policy (together, with the Terms and Conditions, the “Agreement”), including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.

User Opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive SMS/MMS mobile messages at the phone number associated with your opt-in that may be sent using an automatic telephone dialing system (“ATDS” or “autodialer”) or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Dr. Berg via text messages through your wireless provider to the mobile number you provided. Messaging frequency varies. For more specific information about the Program, please see the detail sections below. Dr.Berg does not charge you for your participation in the Program, but standard message and data rates may apply for each message sent and received as provided in your wireless rate plan. 


User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of

the Program. You will receive a one-time additional mobile message confirming your decision to opt out. If you have subscribed to other Dr. Berg mobile message programs and wish to cancel, you will need to opt out separately from each of those programs. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. For Program support or assistance, please see the “Support Instruction” section below.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Dr.Berg does not charge you for your participation in the Program, but standard message and data rates may apply for each message sent and received as provided in your wireless rate plan. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or fill out our contact form here. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth in the “User Opt Out” section above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone and provider capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the

Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Klaviyo or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will

be, to the fullest extent permitted by law, determined by arbitration in Alexandria, Virginia before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the U.S. District Court for the Eastern District of Virginia, Alexandria Division, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in Section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration

provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. The following disclosure is for your convenience to provide you with information that is also reflected in our Privacy Policy, but which is specific to the Program. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we

may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, or if you have any other questions about the Program, these Terms and Conditions, or our Privacy Policy, please contact us at the following address:

The Health & Wellness Center, Inc. dba Dr. Berg Nutritionals 4501 Ford Avenue

Alexandria, VA 22302

+1 703-354-7336

 

*Disclaimer:

The dietary products may not have undergone evaluation and/or testing by the United States Food and Drug Administration. The recommendation of this program is not designed to treat, prevent or cure medical diseases. Before undertaking any recommendations or changes in diet or exercise within consult with your physician.
Dr. Eric Berg DC is not a medical doctor - he is a Chiropractor. We do not diagnose or treat medical ailments or diseases. This program is designed for educational benefits only. Any Testimonials referred to in this Web site were volunteered by the makers without an offer of compensation. The results referred to in Testimonials may not be typical and others results may vary.

Copyright © 2019 DrBerg.com. All Rights Reserved