Terms and Conditions

Welcome to drberg.com. Please read these terms and conditions carefully. By your use of this website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time at our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not access this website.

Disclaimer of Warranty

All content, materials, products, services and information made available on or through this website are provided on an "as is" and "as available" basis, without representations or warranties of any kind, either express or implied. Limitation of Liability: You agree that, except as otherwise provided under applicable laws, 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 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 clips, button icons, digital downloads, data compilations and computer software, are the sole property of drberg.com or its partners and suppliers, and protected by United States and international copyright laws. The compilation of 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 or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the drberg.com website for its intended purpose, which is for your retail use only as a consumer. 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 of the 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 website, without the prior written consent of drberg.com. Drberg.com prohibits use of the drberg.com logo or other proprietary graphic or trademark as a link to any website unless creating such a link is approved in advance by drberg.com in writing. Registered and unregistered proprietary information is owned and held by drberg.com and its licensors and therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this website in any form either mentioned or unmentioned.

All trademarks not owned by drberg.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by drberg.com.

Third Party Websites

You agree that drberg.com encourages you to exercise discretion browsing the internet. Our website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. drberg.com and its affiliates make no representation or warranty about the legality of any third party website. Any such website is 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, recommends, sponsors or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. drberg.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the drberg.com domain.

User Restrictions

This website is for your personal, non-commercial use only. You agree that you will not use this website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices 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 drberg's name or any trademarks; to engage in any activity that interferes with a user's access to this website or the proper operation of this website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose. You also agree that in using this website, you will not impersonate any person or entity.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the drberg.com website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these terms and conditions. drberg.com reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this website.

Termination of Use of this Website

You agree that any unauthorized use of this website, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this website. drberg.com reserves the right to terminate or suspend your access to this website and its content and use at any time, with or without notice at drberg.com's discretion.

Product Descriptions

Drberg.com attempts to be as accurate as possible. However, drberg.com does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error free. If a product offered by drberg.com is not as described, your sole remedy is to return it in unused condition.

Limited Availability and Price

In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, drberg.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. drberg.com shall have the right to limit the number of items purchased through this website. drberg.com shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, drberg.com shall immediately issue a credit to your credit card account in the amount of the charge.

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. drberg.com shall not be liable to you or any third party should it exercise this right to modify or discontinue the website. drberg.com also reserves the right to revise the terms and conditions of this website at any time. All revisions are posted on these terms and conditions and will be effective immediately upon its posting, by surfing, using, browsing or purchasing on this website, you are deemed notified and bound by any changes to these terms and conditions. We encourage users to review these terms and conditions each time you visit this website to remain informed of any changes to them.

Electronic Communications

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.

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, and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, then please do not use this website.

Indemnity

You agree to indemnify, defend and hold harmless drberg.com, its affiliates, subsidiaries, officers, directors, 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 in connection with your use of this website.

Enforceability and Governing Law

In the event that any of the terms or provisions of these terms and conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of the website, and these terms and conditions are governed and construed in accordance with the laws of the state of Virginia, without regard to its conflicts of law provisions. Any action against drberg.com arising from or relating to your access to and 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. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the state of Virginia for the adjudication of all claims by drberg.com against you arising from or relating to your access to and use of the website and the provisions of these terms and conditions.
drberg.com's failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by drberg.com in writing. You acknowledge and agree that you will not seek to litigate any claims against drberg.com or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Your Representations

You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these terms and conditions

Return/Refund Policy

We want you to be 100% satisfied with your purchase, and stand by the quality of our products. Should you for any reason be unhappy with your purchase we will promptly issue a refund to your credit card or exchange an unsatisfactory product for another one if you are within the 30 day money back guarantee time period. But we ask that you follow these few reasonable guidelines:

• Products must have been purchased directly from drberg.com (our website or phone number). We cannot accept returns of products purchased from other retail outlets. Please return those to the store where purchased.)
• Products must be returned within 30 days of order date. Please include a copy of your receipt (or a note with your order #, name, email address, phone number) and your reason for returning the product(s).
• Digital products have a 30 day money back guarantee. There is no refund for digital product past the 30 day purchase.
• Original shipping and handling charges are non-refundable.
• Order will be processed, fulfilled, and shipped within 48 hours. 

Please ship nutritional product returns or exchanges to us at:

The Health & Wellness Center
4609 D Pinecrest Office Park Drive
Alexandria, VA 22312
Should you have any questions or concerns, please call Customer Care at 703-354-7336.

Customer Service
If you have any questions, please call us at 703-354-7336.. Customer Care is open from 9:00am to 5:00pm Monday through Friday (EST).

*Disclaimer: The dietary and other substances, and/or materials, equipment or devices discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown.

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 this program or our companion book (The 7 Principles of Fat-Burning), consult with your physician, especially if you are being treated for any risk factor related to heart disease, cancer, high blood pressure or adult-onset diabetes.

The developer of this program, Dr. Eric Berg, is not a licensed medical doctor. Neither he nor other personnel of the Organization may diagnose or treat medical ailments or diseases. This program is designed for educational benefits only, not a means of diagnosing, treating or preventing any medical disease. Persons requiring medical attention should consult a licensed medical doctor. The content in the Web sites linked to this Statement are intended only for residents of the United States and other jurisdictions where providing such information is lawful. All references to products or services apply in the United States only, and to no offer being made elsewhere. Others should contact us by e-mail at roxanac@drberg.com to discuss special terms and conditions. Access to and use of this site are subject to the following terms and conditions and all applicable laws. You may browse this site for personal entertainment and information. However, please do not distribute, modify, transmit or revise the contents of this site without our written permission. The content of the sites that link to this Statement include copyright materials that are either used with permission or are offered under the Fair Use exception. We make no warranties or representations about the accuracy or completeness of this site content nor of the content of any site or sites linked to this site. Neither Organization nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content of this site or the content of any site or sites linked to this site.

Any communication or material you post or transmit to us over the Internet is, and will be treated as, non-confidential and non-proprietary (except as provided in the Privacy Notice below). By transmitting or posting any communication or material to these sites you agree that Organization or any of its affiliates may use your communication or material for any purpose, including reproduction, transmission, publication, broadcast and posting. We may not be able to respond to all messages posted to this site. Furthermore, do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law. We will remove any such statements. All names, logos and marks appearing in this site, except as otherwise noted, are trademarks (service marks) owned or used under license by us or our affiliates in the geographies where they market products and services bearing such trademarks, or are a fair use of others marks or copyright materials. The unlawful use or misuse of marks, copyright materials or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. By entering this site you agree to respect the trademark, copyright and other protected intellectual property posted on this site or sites connected to it. 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. Any third-party materials to which links on these sites point, or which may be accessible through these sites, are the sole responsibility of those posting such materials; this site and its affiliates do not endorse or adopt any information or claims contained in such third-party sites. We do not offer products or services for the purpose of diagnosis, prescription for, treatment of, or claims to prevent, mitigate or cure any disease, medical or psychological condition. The statements made on these Web sites have not been evaluated by the Food and Drug Administration or any other governmental authority, unless otherwise specifically noted. We do not discriminate on the basis of any unlawful categorization. We provide services and/or products privately, with recipient's informed consent only. The dietary and other substances, and/or plans, programs materials, equipment or devices, discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease. In some jurisdictions, some of these may be considered prescription drugs, controlled or contraband substances or medical devices.

Since the information published on the Web site is accessible to anyone throughout the world, the site does not give legal, nutritional or medical advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or healthcare professional(s) before making any purchases of membership,
products and/or services on the site. The opinions expressed on this site, and on sites to which it may link, are not necessarily the views of the sponsoring organization and are not adopted for commercial purposes. This information is not intended to diagnose or prescribe for medical or psychological conditions, nor does it claim to prevent, treat,
mitigate or cure such conditions by standard medical means. We do not provide diagnosis, care, treatment or rehabilitation of individuals, nor apply medical, mental health or human development principles. If the products are of benefit to customers, such benefit is derived from their nutritive value and not any drug action claim. If you purchase any services or products through the Web site, you acknowledge that you have done so with informed consent and that you hereby Privately License the provider to provide such products or services. Insofar as the Organization is a private association and this Web site is Expressive Association, this information is the expression of the association's beliefs through its and its members internal decisions and activities.

If you purchase any services or products through the Web site, you acknowledge that you have done so with informed consent and you hereby Privately License the provider of the Services to provide such products or services. To the best knowledge of The Health& Wellness Center, food products offered (including Dietary Supplements) comply with the Food Allergen Labeling and Consumer Protection Act of 2004 (Title II of Public Law 108-282) http://www.cfsan.fda.gov/~dms/alrgact.html. This site has not been notified of California Statute CA B&PC Section 22575(a) noncompliance. This site maintains a privacy policy in conformity with Section 22575(b).

This site complies with the EU Directive on Privacy and Electronic Communications

(Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002)