Beverly Hills MD, LLC. (collectively, 'Beverly Hills MD,' 'us', 'we', or 'our') maintains this website (the 'Website'), for the user’s personal entertainment, education, and to provide information and products (“Products”) to our users. This Website is provided to you, the user (collectively, 'user', 'you', or 'your'), as set forth by these Terms and Conditions. We may, at our own discretion, change, add, or delete portions of these Terms and Conditions at any time. We ask that you periodically check these Terms and Conditions for changes prior to your use of the Website.
Your use of this Website, shall be deemed to constitute your consent to be bound by these Terms and Conditions and shall be enforceable. These Terms and Conditions apply to all users of the Website, without limitations. If you are not willing to accept the Terms and Conditions herein, then you do not have the right to access, view, download, or otherwise use the Website or purchase any Product found on this Website and, accordingly, you should not do so. These Terms and Conditions govern and apply to your access to and use of the Website and its related domains and any order you place through this Website.
General Terms and Conditions
The Products on this Website are intended for personal, non-commercial purposes only. You further agree to use this Website, its Products and content, only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, frame, link, rent, lease, loan, sell, license, or in any way exploit the content or Products of this Website.
Beverly Hills MD does not authorize or permit the resale of our Products by any unauthorized third party. Any account associated with a purchase order that we suspect is in connection with the illegal distribution of our Products, or any other suspicious activity that was not pre-approved in writing by an authorized officer of Beverly Hills MD, may be subject to suspension or immediate termination, and restrained from any further access to this Website. Any open order associated with such an account will be cancelled and credited back to the original purchaser. Beverly Hills MD reserves the right to pursue any unlawful retailer, resellers, or distributor for violations under applicable law including, but not limited to, The Lanham Act.
The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under the laws of the state of California and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Beverly Hills MD; 4) that Beverly Hills MD’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that Beverly Hills MD was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
Use of Site
If we suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof).
Beverly Hills MD welcomes user comments, information, and submissions. You may upload comments, information, photographs, video clips, reviews and other content to the Website, so long as the content ('User Content') is not obscene, threatening, invasive of privacy, infringing of intellectual property rights, illegal, or otherwise harmful to third parties or objectionable and does not consist of or contain any type of software viruses, commercial solicitation, mass mailing, or any form of 'spam.' You many not attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access, create or use a false identity on this Website, impersonate any entity or otherwise mislead the origin of the content, collect or store personal information of others, or share your account. Beverly Hills MD reserves the right, but is not obligated, to edit or remove such content, if it so choses to, without prior notification.
We are under no obligation to validate and/or verify the identity of any user or the User Content when they are connected to this Website. You acknowledge that we may not prescreen, monitor, review, edit or delete User Content.
Intellectual Property and Trademark Rights
You acknowledge that the content available through this Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ('Proprietary Content'), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Beverly Hills MD herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content, including, without limitation, software available through the Website. You may not copy or use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission from Beverly Hills MD.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Claims Regarding Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA') by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which should be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your e-mail address;
4. 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;
5. A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of the owner or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
c/o Beverly Hills MD Legal Department
8383 Wilshire Blvd., #800
Beverly Hills, CA 90211
or by email at firstname.lastname@example.org.
For clarity, only DMCA notices should go to the Copyright Agent listed above. Any feedback, comments, requests for technical support, questions about Products, and other communications should be directed to our customer service department. You acknowledge that if you fail to comply with each of the notice requirements set forth above, your DMCA notice may not be valid.
After receiving a notification of infringement, we will process and investigate the claim and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to (i) any material claimed to be infringing or claimed to be the subject of infringing activity, and (ii) any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.
If User Content provided by you was removed (or to which access was disabled), and you believe such User Content is not infringing or that you otherwise have authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
1. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled;
2. A statement under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content removed or disabled;
3. Your name, address, telephone number, and e-mail address;
4. A statement that you consent to the jurisdiction of the federal district court in Los Angeles, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
5. Your physical or electronic signature.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days after the Copyright Agent's receipt of the counter-notice, at our sole discretion.
Beverly Hills MD offers a 60-Day Money Back Warranty on all of its Products purchased directly through this Website. Warranty shall commence on the date the order is shipped from our facilities. All return shipping charges, including without limitation, importing/exporting fees, are the responsibility of the customer. All returns must be shipped with a unique track-able number (a tracking number). Please contact our customer representative for return instructions.
Beverly Hills MD (including our parent companies, subsidiaries, affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers, members, managers and employees) provides the Website, Products, and contents of its Website on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the Website or the information, content, materials or Products, included on the website. To the fullest extent permitted by law, Beverly Hills MD and its including our parent companies, subsidiaries, affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers, members, managers and employees disclaim all such representations and warranties including, for example, warranties of merchantability and fitness for a particular purpose.
The information, including, without limitation, advice and recommendations on the Website are intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from qualified healthcare provider familiar with your unique facts. Make sure to always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Beverly Hills MD and its parent companies, subsidiaries, affiliates, agents, and each of their respective officers, directors, employees, contractors and suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Website. While Beverly Hills MD works diligently to keep the information on the Website accurate, complete, and up-to-date, Beverly Hills MD cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website.
RISK OF LOSS
All Products purchased from the Website are delivered to shipment carriers. The risk of loss and title for such Products pass to you upon our delivery to the carrier. Beverly Hills MD disclaims any liability or responsibility for any overdraft charges or fees you may incur form your card issuer or bank for insufficient funds.
LIMITATION OF LIABILITY
WE (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR ANY PRODUCT ADVERTISED OR SOLD ON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH THE POLICIES POSTED ON THIS WEBSITE. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENTS OR PRODUCTS OBTAINED, PURCHASED, OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BEVERLY HILLS MD FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
GOVERNING LAW; MISCELLANOUS
We control and operate this Website from our offices in the State of California, United States of America. All persons who access this Website acknowledge that this Website, and all content and Products available on and through this Website, are governed by the laws of the United States of America and the laws of the State of California, excluding its conflict of laws rules. We do not represent that the content or Products 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 any applicable local laws.
You agree that exclusive jurisdiction for any claim or dispute relating in any way to this Website, its contents or the Products, resides in the courts of the County of Los Angeles, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Los Angeles, State of California, in connection with any such claim or dispute.
If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Website, its content or the Products, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys' fees and costs) incurred in the proceeding.
Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms and Conditions. These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of Beverly Hills MD to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
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