Thank you for visiting the
www.favoriteformulas.com website (“Website”). The Site is an Internet property
of Dr. Bill's Fav Formulas Inc. ("Dr.
Bill's Fav Formulas Inc.," "we" or "us"). You agree to
the following Website Terms and Conditions (“Terms and Conditions”), in their
entirety, when you: (1) access or use the Website; (2) submit an application to
become a Dr. Bill’s member (“Member” or “Membership”); and/or (3) purchase
products or services offered on our Website ( “Online Products”). The Dr.
Bill's Fav Formulas Inc. Privacy Policy (“Privacy Policy”) and any and all
other applicable Dr. Bill's Fav Formulas Inc. operating rules, policies, price
schedules and other supplemental terms and conditions or documents that may be
published from time to time, are expressly incorporated herein by reference
(collectively, the “Agreement”). Please review the Agreement carefully. If
you do not agree to the terms and conditions contained within the Agreement in
its entirety, you are not authorized to use the Website in any manner or form
whatsoever.
Dr. Bill's Fav Formulas Inc.
IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO
Dr. Bill's Fav Formulas Inc. CONSIDERED PROTECTED HEALTH INFORMATION UNDER
HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO
CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN,
THE AGREEMENT.
The information presented on
the Website is provided for informational purposes only and is in no way
intended as a substitute for professional medical advice, diagnosis or
treatment. This information should only be used in conjunction with the
guidance and care of your physician. Consult your physician before beginning
any diet, nutrition or fitness plan offered on or through the Website. Your
physician should allow for proper follow-up visits and individualize your diet,
nutrition and/or fitness plan as appropriate. Always seek the advice of your
physician or other qualified health care provider if you have any questions
regarding a medical condition, your diet, nutritional supplements, an exercise
regimen or any other matter related to your health and well-being.
1. Acceptance of
Agreement. You agree to the terms and
conditions outlined in the Agreement with respect to your use of the Website
including, but not limited to, your submission of applications to become a
Member and/or your purchase of Online Products. The Agreement constitutes the
entire and only agreement between you and Dr. Bill's Fav Formulas Inc. with
respect to your use of the Website and supersedes all prior or contemporaneous
agreements, representations, warranties and/or understandings with respect to
your use of the Website, the content contained therein and/or the analyses,
research, opinions and other information provided by or through the Website.
Dr. Bill's Fav Formulas Inc. may change the Agreement, in whole or in part, at
any time without specific notice to you. The latest Agreement will be posted on
the Website. Your continued use of the Website following posted notice
constitutes your acceptance of all of the terms and conditions contained within
the Agreement in effect at that time. Therefore, you should regularly check
this page for updates and/or changes. Unless explicitly stated otherwise, any
future offer(s) or product(s) made available to you on the Website that
augment(s) or otherwise enhance(s) the current features of the Website shall be
subject to the Agreement. You understand and agree that Dr. Bill's Fav Formulas
Inc. is not responsible or liable in any manner whatsoever for your inability
to use the Website and/or obtain any Online Products.
2. Requirements. The Website, Membership and/or the Online Products
offered are available only to individuals that are at least eighteen (18) years
of age and that can enter into legally binding contracts under applicable law.
3. Application Process. In order to obtain Online Products and/or become a
Member, you must first submit the applicable application form (“Application”)
to Dr. Bill's Fav Formulas Inc. for review and initial approval. Dr. Bill's Fav
Formulas Inc. reserves the right, in its sole discretion, to deny the
Application of anyone at any time and for any reason, whatsoever. The
registration data that you must supply on the Website in order to obtain Online
Products may include, without limitation: (a) your full name; (b) mailing
address; (c) e-mail address; (d) phone number; (e) credit card information; (f)
current weight; (g) goal weight; (h) height; (i) gender; (j) date of birth;
and/or (k) any other information requested by us on the applicable form
(collectively, “Registration Data”). You agree to provide true, accurate,
current and complete Registration Data (not including Registration Data
concerning weight or personal goals), as necessary, in order to maintain it in
up to date and accurate fashion. Dr. Bill's Fav Formulas Inc. will verify and
approve all Applications in accordance with its standard verification
procedures.
4. Copyright and
Trademarks. "Dr. Bill's Fav
Formulas Inc." and all logos, page headers, custom graphics and icons are
trademarks and/or service marks owned by [ ]. All other trademarks, product
names, company names and logos appearing on the Website are the property of
their respective owners. The Website contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds and other
material (collectively "Content") that are protected by copyrights,
trademarks or other proprietary rights, and these rights are valid and
protected in all forms, media and technologies existing now or developed in the
future. All Content is copyrighted as a collective work under the United States
copyright laws, and [ ] owns a copyright in the selection, coordination,
arrangement and enhancement of such Content. All rights to such Content are
reserved to their respective copyright owners. Except as permitted by the fair
use privilege under United States copyright laws (see e.g. 17 U.S.C. Section
107), you may not upload, post, reproduce or distribute in any way Content
protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other proprietary right. Any other
use of the Content available on our Website, including reproduction for
purposes other than as noted above, modification, distribution, replication, commercial
or other use, without our prior written permission, is strictly prohibited.
5. Orders/Billing. In consideration for the Online Products you receive
from Dr. Bill's Fav Formulas Inc., you agree to pay the Fees (as defined
below). You shall have the choice to pay the Fees via the credit card or debit
card that you provide as part of your Application or update as a later date
(“Active Credit Card”). You will have up to (1)
option to choose from when ordering Online Products on the Website
(each, a supply of Dr. Bill's Fav Formulas Inc.): (a) Initial monthly supply
plus Shipping and Handling.
1. Membership Promotion and
thirty (30) Day Guarantee: Where Dr. Bill's Fav Formulas Inc. offers its
“Membership” Promotion and you have chosen to register for such Promotion, upon
submitting your initial Dr. Bill's Fav Formulas Inc. Application the Active
Credit Card (1) month supply of Dr. Bill's Fav Formulas Inc.. If you do not
cancel your Membership as set forth in Section 6 hereinbelow and return the one
(1) month supply at your expense, which must be received by us, within thirty
(30) days of your receipt of the one (1) month supply of Dr. Bill's Fav
Formulas Inc. (“30 Day Trial Period”), your Active Credit Card will be charged
the monthly Membership fee of Fifty-Nine Dollars and Ninety-Five Cents ($59.95)
(“Monthly Fee”). Your first (1) month supply of Dr. Bill's Fav Formulas Inc.
will be shipped thirty (30) days from the date that your initial “Free Trial”
one (1) month supply was shipped. Thereafter, for as long as your Membership
remains active, your Active Credit Card will be charged for the Monthly Fee on
a monthly basis, plus Shipping and Handling every month, for your ongoing
Membership. If you decide to cancel your Membership and return your package, which
must be received by us before the next charge is scheduled to come off, you
will not be charged the Monthly Fee. Cancellation is hassle-free and immediate
whenever you wish. (All necessary cancellation information is provided when you
claim your Dr. Bill's Fav Formulas Inc. membership today before it is released
for others to claim). Any charge is made through the same account.
As an active Member, if you are not satisfied with Dr. Bill's Fav Formulas Inc.
for any reason, and you cancel your Membership as set forth in Section 6 below
and return the package, which must be received by us, within thirty (30) days
of the date that your most recent one (1) month supply of Dr. Bill's Fav
Formulas Inc. was shipped, you will be refunded any and all Monthly Fees that
you have paid toward such one (1) month supply upon our receipt of all unused
portions of such supply (“30 Day Guarantee”). All unused portions returned to
us as part of the 30 Day Guarantee shall be shipped at your cost. Any and all
Shipping and Handling shall remain non-refundable. All refunds associated with
the 30 Day Guarantee shall be credited to your Active Credit Card.
For so long as your Membership remains active, the Monthly Fee will accrue 30
days after the previous charge, and you will be required to pay the Monthly Fee
for that month’s membership. You hereby authorize Dr. Bill's Fav Formulas Inc.
(or its partners, affiliates and/or agents) to charge your Active Credit Card
all such fees associated with Membership on a monthly basis. You acknowledge
and agree that Dr. Bill's Fav Formulas Inc. will not obtain additional
authorization from you for each installment of Monthly Fees charged to your
Active Credit Card. All Monthly Fees are payable in United States currency.
Failure to use the Products received does not constitute a basis for refusing
to pay any of the associated charges. You agree to be bound by the pricing and
billing practices of Dr. Bill's Fav Formulas Inc. in effect at any given time.
Upon prior written notice to you (with e-mail sufficing), Dr. Bill's Fav
Formulas Inc. reserves the right to change its pricing and/or billing practices
whenever necessary, in its sole discretion. If you do not agree with these
changes, you may cancel your Membership at any time, but you will remain
responsible for timely payment of any and all Monthly Fees that you have
already incurred (including any applicable late fees). Continued acceptance of
Online Products and use of Membership after receipt of such notice shall
constitute consent to any and all such changes.
Where Member fails to make any scheduled payment for accrued Fees, such overdue
amounts will be subject to interest charges in the amount of one and one half
percent (1.5%) per month, compounded monthly. Your Membership may be deactivated
for non-payment of Fees. Dr. Bill's Fav Formulas Inc. authorization to provide
and bill its Member Services is obtained by way of your electronic signature.
Once an electronic signature is submitted, this electronic order constitutes an
electronic letter of agency. Dr. Bill's Fav Formulas Inc. reliance upon your
electronic signature was specifically sanctioned and written into law when the
Uniform Electronic Transactions Act and the Electronic Signatures in Global and
National Transactions Act were enacted in 1999 and 2000, respectively. Both
laws specifically preempt all state laws that recognize only paper and
handwritten signatures.
2. Standard Pricing: Upon
submitting your initial Dr. Bill's Fav Formulas Inc. Application, your active
credit card will be charged the applicable one-time fee plus Shipping and
Handling and you will be enrolled as a Member. International orders pay an
additional $10.00 for shipping.
6.Cancellation of Dr.
Bill's Fav Formulas Inc. Membership.
You may cancel your Membership at any time if you are not completely satisfied
with Dr. Bill's Fav Formulas Inc. . To cancel your Membership at any time, you
must contact Dr. Bill's Fav Formulas Inc. customer services by doing one of the
following: (1) contacting us via telephone at (813)650-8252; (2) emailing
billing@favoriteformulas.com. Please have your e-mail address and other
Registration Data available for efficient processing of your cancellation
order. However, unless you are canceling pursuant to the 30 Day Guarantee as
set forth hereinabove, we will not refund any amounts previously paid up to the
date of cancellation or termination, you shall not receive any pro-rata refund
for partial months and you remain liable for any and all unpaid charges billed
by Dr. Bill's Fav Formulas Inc.. You understand and agree that cancellation of
your Membership is your sole right and remedy with respect to any dispute with
Dr. Bill's Fav Formulas Inc.. Upon any termination and/or cancellation of your
Membership, your license grant, as set forth in Section 8 hereinbelow shall
immediately terminate.
7. License Grant. As a user of the Website, you are granted a
non-exclusive, non-transferable, revocable and limited license to access and
use the Website. Dr. Bill's Fav Formulas Inc. may terminate this license at any
time for any reason. Unless otherwise expressly authorized by Dr. Bill's Fav
Formulas Inc., as a visitor to the Website, you may only use the Website and
its Content for your own personal, non-commercial use. No part of the Website including,
but not limited to, the Content, may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical. You may not
use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble,
reverse engineer or transfer the Website, Content, and/or any portion thereof.
You may not create any "derivative works" by altering any aspect of
the Website or its Content. You may not use the Website and its Content in
conjunction with any other third-party content. You may not exploit any aspect
of the Website and its Content for any commercial purposes not expressly
permitted by Dr. Bill's Fav Formulas Inc.. You further agree to indemnify and
hold harmless Dr. Bill's Fav Formulas Inc. for your failure to comply with this
Section 8. Dr. Bill's Fav Formulas Inc. reserves any rights not explicitly
granted in the Agreement. You may not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Website. You
may not take any action that imposes an unreasonable or disproportionately
large load on the Website infrastructure.
8. Indemnification. You agree to indemnify and hold Dr. Bill's Fav
Formulas Inc., its parents and subsidiaries, and each of their respective
members, officers, directors, employees, agents, co-branders, content licensors
and/or other partners, harmless from and against any and all claims, expenses
(including reasonable attorneys’ fees), damages, suits, costs, demands and/or
judgments whatsoever, made by any third party due to or arising out of: (a)
your use of the Website; (b) your breach of the Agreement; and/or (c) your
violation of any rights of another individual and/or entity. The provisions of
this paragraph are for the benefit of Dr. Bill's Fav Formulas Inc., its
parents, subsidiaries and/or affiliates, and each of their respective officers,
directors, members, employees, agents, shareholders, licensors, suppliers
and/or attorneys. Each of these individuals and entities shall have the right
to assert and enforce these provisions directly against you on its own behalf.
9. Disclaimer of
Warranties. THE WEBSITE, THE ONLINE
PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE
PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR
FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, Dr. Bill's Fav Formulas Inc. MAKES NO WARRANTY THAT THE WEBSITE, THE
ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE
WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED
THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC WEIGHT LOSS
OR HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE
WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED
ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Dr.
Bill's Fav Formulas Inc. WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE
UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dr. Bill's Fav
Formulas Inc. OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. Limitation of
Liability. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT Dr. Bill's Fav Formulas Inc. SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR
EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dr. Bill's Fav Formulas
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST
EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE,
THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE
WEBSITE; (Bi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS
PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO,
OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; (D) THE
FAILURE TO REALIZE ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND (E)
ANY OTHER MATTER RELATING TO THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION
AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Dr. Bill's Fav Formulas Inc.
FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION,
THE MAXIMUM LIABILITY OF Dr. Bill's Fav Formulas Inc. TO YOU UNDER ANY AND ALL
CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF
FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU OR
Dr. Bill's Fav Formulas Inc. MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH
GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE
IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Dr. Bill's
Fav Formulas Inc.. ACCESS TO THE WEBSITE AND/OR THE ONLINE PRODUCTS WOULD NOT
BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Dr. Bill's Fav
Formulas Inc.S’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
11. Third Party Websites. The Website contains links to other websites on the
Internet that are owned and operated by third parties. Dr. Bill's Fav Formulas
Inc. does not control the information, products or services available on these
third party websites. The inclusion of any link does not imply endorsement by
Dr. Bill's Fav Formulas Inc. of the applicable website or any association with
the website’s operators. Because Dr. Bill's Fav Formulas Inc. has no control
over such websites and resources, you agree that Dr. Bill's Fav Formulas Inc.
is not responsible or liable for the availability or the operation of such
external websites, for any material located on or available from any such
websites or for the protection of your data privacy by third parties. Any
dealings with, or participation in promotions offered by, advertisers on the
Website, including the payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such
dealings or promotions, are solely between you and the applicable advertiser or
other third party. You further agree that Dr. Bill's Fav Formulas Inc. shall
not be responsible or liable, directly or indirectly, for any loss or damage
caused by the use of or reliance on any such material available on or through
any such site or any such dealings or promotions.
12. Miscellaneous. The Agreement shall be treated as though it were
executed and performed in New York, New York and shall be governed by and
construed in accordance with the laws of the State of New York (without regard
to conflict of law principles). Should a dispute arise concerning the terms and
conditions of the Agreement or the breach of same by any party hereto, the
parties agree to submit their dispute for resolution by arbitration before the
American Arbitration Association in New York City, in accordance with the then
current Commercial Arbitration Rules of the American Arbitration Association.
Any award rendered shall be final and conclusive to the parties and a judgment
thereon may be entered in any court of competent jurisdiction. Nothing herein
shall be construed to preclude any party from seeking injunctive relief in
order to protect its rights pending an outcome in arbitration. Should any part
of the Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. The Agreement is personal between you and Dr.
Bill's Fav Formulas Inc. and governs your use of the Website. Dr. Bill's Fav
Formulas Inc.’s failure to enforce any provision of the Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
The parties do not intend that any agency or partnership relationship be
created through operation of the Agreement.
13. How to Contact Us. If you have any questions about the Agreement or
about the practices of Dr. Bill's Fav Formulas Inc.TM, please feel
free to contact us at (813)650-8252.