These terms and conditions were last updated on May 22, 2016.
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes all reasonable efforts to accurately display the product information, including colors, labels, and pictures, but we cannot guarantee that your computer will accurately display such images.
The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar audio-visual products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. DrFuhrman.com will be responsible for filing any claims with carriers for damaged and/or lost shipments. Please call our Customer Service Department to report any damaged shipments at 1-800-474-WELL (9355) or email email@example.com. For a complete description of our shipping policies please see Shipping and Returns
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, including but not limited to DR. FUHRMAN & Design, NUTRITARIAN and others. You must not use such marks without the prior written permission of the Company.
If you sign up for Membership to our website, you will be assigned a member name and password. These credentials are for your personal use only, and you agree that you will not allow anyone else to use such credentials. You are responsible for taking reasonable steps to protect your password.
You agree that your postings to the Membership Communities will be respectful of other members and will not violate the rights of others or contain inappropriate material as defined below. Communities may not be used for advertisements or solicitations of business.
Because of the volume of postings, Dr. Fuhrman or other members of the staff cannot respond to every posting on the forum. For the benefit of the general membership, Dr. Fuhrman or other members of the staff will respond to postings of the greatest overall interest.
The Website may contain forums, chat rooms, personal web pages or profiles, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post" or "posting") content, material, information, suggestions, ideas, concepts, questions, or comments (collectively, "User Contributions") on or through the Website.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Please see Ordering Help for more information on ordering products with DrFuhrman.com.
If you have any questions or comments regarding this website please contact our Technical Support department using our contact form. We try to respond to all inquiries as quickly as possible and appreciate your patience given the volume of mail we receive.
We are pleased to offer the convenience of recurring order placement. It saves you both time and money and will ensure that you never run out of your supplements.
DrFuhrman.com provides you with the opportunity to purchase our supplements on a recurring basis. The supplement(s) will be sent to you on a set schedule of 60 days for individual supplements or 120 days for supplement bundles. If you have an active DrFuhrman.com Membership Account of GoldPLUS or higher, you will receive a discount on your recurring order.
You must have a valid email address, and a credit card/and or debit card to participate in DrFuhrman.com’s recurring order program.
By placing a recurring order, whether via DrFuhrman.com or on the telephone with a Customer Service Representative, you are bound by these terms and conditions:
The contents of the Website such as: articles, text, graphics, images, links and other material contained on the site or any supporting material (for example, newsletters and books) are for informational and educational purposes only. The content and products on this site should not be considered a substitute for professional medical advice. Your physician or other qualified healthcare provider should always be consulted with any questions you may have regarding a diagnosis, medical condition or treatment. The products on DrFuhrman.com are not intended for self-diagnosis or self-treatment of conditions that should be managed by a qualified health care provider. The website and forums do not supply medical care or medical services. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. Additionally, there is no guarantee that the products sold on the Website will result in weight loss. For medical services or medical emergencies, please call your personal physician or 911 immediately.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include/includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you believe that your work has been copied or otherwise has been made available through the Website or our systems or network in a way that constitutes infringement under the Copyright Act, please provide the following information to our designated agent (identified below) for receipt of notification of claimed infringement:
Upon notice of alleged copyright infringement, we will proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). To ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c) (3)).
DrFuhrman Online, Inc.
Att. VP of Operations
4 Walter E. Foran Blvd., Suite 408
Flemington, NJ 08822
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We also have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
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 THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
If you have any questions, feel free to contact us by one of the following methods:
Program. The "Program" and Enrollment Tuition are fully described on the Website.
Changed Terms. DF-NEI reserves the right, in its sole discretion, to modify, alter or otherwise update ("Change") this Agreement and the Program, at any time. Such Change is effective immediately upon posting. You agree to be bound by such Change if you thereafter continue to utilize the Program material or access the Website.
Submissions. You are fully responsible for all content you submit on the Website including any public or student forum. In connection with any materials, services, information, communications or ideas that you upload, communicate or otherwise transmit, post or offer on or through the Website (the "Submitted Content"), you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions, and have the authority to and expressly authorize DF-NEI, to reproduce, distribute, modify, publish, distribute, perform (including by means of a digital audio transmission), display, communicate to the public, and otherwise use and exploit such Submitted Content and to promote the availability of that Submitted Content on and through the Website in any and all media on a worldwide basis, whether now known or hereafter created;With respect to all information You elect to post to DF-NEI’s public or student forums, You further agree that DF-NEI has the right but not the obligation to delete, move or edit Submitted Content, in its sole discretion, for any reason or no reason at all. DF-NEI does not endorse any information that may be posted on these forums. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submitted Content, or any portion thereof, solely as authorized in these Terms but not for any other purpose, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content, or any advertising or publicity relating thereto. You acknowledge that we may review Submitted Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Submitted Content, including terminating the Program without any liability to you. Without limiting the foregoing, we have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve Submitted Content and may disclose Submitted Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Submitted Content violates the rights of third parties or protects our rights, property or personal safety or that of any third party.
Disclaimers. DF-NEI hereby disclaims and You hereby acknowledge and agree as follows:
Program Guidelines. You agree to comply with all DF-NEI Program rules, regulations, policies and standards which are by their terms mandatory (collectively, "Guidelines"). Such Guidelines may be contained on the Website or in other written materials provided by DF-NEI to Program participants from time to time, including any revisions or amendments thereto. You must refrain from deviating therefrom and from otherwise operating in a manner which adversely reflects on DF-NEI’s name and goodwill or on any intellectual property that belongs to DF-NEI.
Intellectual Property Belongs to DF-NEI. You acknowledge and agree that all of the materials, products, information, reports, audio or visual works, documentation, deliverables and inventions conceived, developed or prepared by DF-NEI and used in connection with the Program or the Website are the exclusive property of DrFuhrman Online or DF-NEI, and that you do not maintain any rights therein. DF-NEI will retain all rights, title, trademarks, copyright, trade secrets, patents and other proprietary rights in and to the Website and Program and its materials, and all modifications, enhancements and any derivative works thereof regardless of origin (including any new concept, process or improvement made by you). You do not acquire any rights, express or implied, in the Program or derivative works thereof, and all rights in and to the Program that are not expressly granted herein are reserved to DF-NEI. You may not, and will not permit others to, copy, modify, translate, disassemble or otherwise attempt to create derivative works from the Program or its materials. All such materials will bear DF-NEI and Dr. Fuhrman’s copyright and trademark notices, if specified by DF-NEI, and no other proprietary notices or legends.
IP Rights Guidelines. DR. FUHRMAN, NUTRITARIAN AND DF-NEI (collectively, the "Trademarks") are property of Dr. Fuhrman Online. The following guidelines apply to any use of the Trademarks by any DF-NEI student/alumni, continuing education provider, licensee, or other authorized person. By following these guidelines, you help us protect our valuable intellectual property and strengthen our brands. By using our Trademarks, you acknowledge that we are their sole owner, and agree that you will not interfere with or challenge our rights in the Trademarks or otherwise harm or misuse them. The goodwill derived from use of any of our Trademarks belongs exclusively to us. Except for the limited right to use as expressly permitted under these guidelines, no other rights of any kind are granted.
Independent Party. You acknowledge and agree that your performance under this Agreement is independent of DF-NEI, and that you are neither an employee nor an agent of DF-NEI.
Assignment. This Agreement is personal to you. You may not assign or transfer your rights under this Agreement. A transfer includes the case where someone other than you utilizes the benefits of the Program or the Website under your account. In such events, you would be liable to us for any and all fees or other remuneration due under this Agreement. DF-NEI has the right to transfer all or any part of its rights or obligations hereunder to any party.
Confidentiality. You acknowledge that while taking the Program, you will have access to DF-NEI’s "confidential information." For purposes of this Agreement, "confidential information" includes (but is not limited to), the whole or any part of know-how, knowledge, methods, specifications, processes, procedures, and/or improvements relating to the Program, Course, Guidelines, and any other business information that is not generally known in the marketplace, as well as the content of this Agreement and any other document executed in connection with this Agreement (including without limitation , any PowerPoint presentation(s), Handbooks, , scripts, lecture slides, Workbooks, videos, tutorials, or any other materials [physical or digital]). You will not disclose any Confidential Information to any individual, entity or organization that DF-NEI regards as confidential or proprietary.
Release. You hereby take full responsibility for and assume all risks of the Program, however arising. You hereby release DF-NEI, its related entities, and their respective heirs, executors, administrators, assigns, officers, directors, interest holders, employees, teachers, lecturers, agents, and health counselors (collectively, the "Releasees") from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, arising out of or related to the Program or Website, which you ever had, now have or will have in the future against the Releasees.
Indemnification. You agree to indemnify, defend and hold harmless DF-NEI and its related entities, together with their respective officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the terms and conditions of this Agreement.
No Warranties. All content, products and services under this Agreement are provided "AS IS" and without warranties of any kind, either express or implied, other than those warranties which, under the U.S. laws applicable to these terms are implied by law and are incapable of exclusion, restriction, or modification. DF-NEI disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. DF-NEI does not warrant or make any representations regarding the results that may be obtained from the use of the Program, or as to the reliability, accuracy or currency of related content, service, and/or merchandise provided or acquired pursuant to your purchase of the Program.
Limitation of Liability. Neither DF-NEI nor its affiliated or related entities or providers, or any of its or their respective officers, directors, employees or agents, shall be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether DF-NEI (or its affiliated or related entities or providers) knew or should have known of the possibility of such damages. If a dispute arises, the sole remedy that can be awarded to you is a refund of the Enrollment Tuition.
Termination. DF-NEI may immediately terminate this Agreement or the services or benefits to be provided hereunder at any time and for any reason by providing written notice to you.
Choice of Law, Limited Liability & Remedies. This Agreement shall be construed according to the laws of the State of New Jersey. If any provision of this Agreement is deemed unenforceable, the remaining portions shall be severed and remain in full force.