Terms of Service
Last Updated 09/03/16
Welcome to Dr. Dave’s Best
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR — USE OF OUR WEBSITE AND OUR SERVICES CAREFULLY.
The web pages and applications available at www.drdavesbest.com and all sub-domains thereof (the “Site”) are owned and operated by Biostem Wellness, Inc. (the “Company”, “us”, “we”, and “our”) including, without limitation, this Site and any other Site that we may own or operate and are accessed by you and/or your agents, employs, or assigns (the “Subscriber”, “user”, “you” or “your”) under the following terms of service. All of our programs, tools, services and online fee-based products that we may offer (the “Service” or the “Services”) are governed by these terms (the “Terms”, the “Terms of Service”, or the “Agreement”).
We may, from time to time, at our sole discretion and without notice, update or revise the Terms of Service. If we update or revise the Terms of Service we will notify you by posting the updated or revised Terms of Service on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms of Service as updated or revised. You can view the most current Terms of Service at any time by clicking on the Terms of Service link at the bottom of the Site’s home page. It is your responsibility to review the Terms of Service periodically.
No Medical Advice
Our Services do not constitute medical advice or opinion. Biostem Wellness, Inc. is not a medical organization and we cannot give you medical advice. Use of the Site does not establish a doctor-patient relationship. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise or behavior program.
If you have a medical or health condition, including but not limited to, diabetes, cancer, an eating disorder or are pregnant, you should get a physician’s approval prior to using our Services.
Your Use of This Site
Subscriber is fully responsible for connecting to or accessing the Site and using the Products and Services, including but not limited to required hardware, such as a modem and internet connection.
Unless otherwise specified, in consideration for your Agreement to the Terms of Service, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited right to access, use and display this Site and the material provided hereon, and the Products you purchase and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Site and/or our Services.
During the registration process or other parts of the Site requiring your data input, you are required to provide the Company with accurate, complete, and updated information (“Subscriber Data”). It is your responsibility to maintain updated and current Subscriber Data, including current registration and billing information. You agree that you will not select or use as a User ID of a name of another person with the intent to impersonate that person or (ii) select a TEN User ID that contains profanity or is otherwise offensive. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site or our Services, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services, changes to policies, Subscriber access, change in content or change in the amount or type of fees charged made by us pursuant to this provision or this Agreement , is to cancel or terminate your membership, subscription or registered user account, as applicable.
Some of the Services selected require payment of fees paid by you, the Subscriber. You agree to pay all applicable fees, such as fixed and periodic charges (Sign Up Fee and the recurring Monthly Fee), and applicable taxes with a valid credit card that you are authorized to use or other form of payment which we may accept (Acceptable Payment Form). The Company reserves the right to change pricing and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by you, the Subscriber, following such notification constitutes your acceptance of any new or changed charges or other changes. If any such new or changed charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the “Account Settings” link on the Site. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.
Recurring subscription fees paid by credit card or another Acceptable Payment Form will automatically renew, unless you affirmatively cancel your subscription prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card or other Acceptable Payment Form for all applicable fees. It is your responsibility to ensure there is enough money in your account for debit card payments. The Company is not responsible for bank fees or penalties. You agree to promptly notify the Company of any changes to your credit card or Acceptable Payment Form while any subscriptions or fees remain outstanding.
Trials and Promotions
We may offer trial memberships or other promotions. At the end of the trial period for the membership or the promotion, the membership or promotion will convert to a standard membership according to the terms and conditions outlined in the trial or promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable trial or promotion rules.
Termination and Refund Policy
You may cancel the Services at any time by clicking on the “Your Account” link and clicking the Cancel Account option. If you had selected a Subscribe & Save Saving Plan and cancel before three (3) savings period have completed, you will be charged the additional retail pricing for the product. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.
Effect of Termination
Upon termination of the Subscriber’s Account(s), Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of the Terms of Service, which by their nature should survive termination shall survive, including, without limitation, all disclaimers, indemnity and limitations of liability.
Subscribers shall be solely responsible for maintaining all of the Subscriber Data, including but not limited to, the confidentiality of passwords to Subscriber’s Account(s).
You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.
Property Rights in Site Content
All materials available through the Site and Services (collectively, the “Content”), including but not limited to text, designs, graphics, icons, images, pictures, video, audio clips, information, articles, recipes, applications, software, data (including member data) and other files, and their selection and arrangement, is our exclusive property or that of our licensors with all rights reserved. No Content or Services, in whole or in part, may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, without our prior written permission, except as expressly allowed under this Agreement. All rights reserved.
You may access the Content, and other items displayed on the Site for personal use only. You may not download, copy or store any of the Content in any form from the Site without the prior written permission from the Company or otherwise explicitly permitted on the Site. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.
You agree not to decompile, crack or attempt to decompile or crack the Site’s files. You understand that all tools, logs, algorithms, and data in the Site’s files, and in the servers driving the files, are Company’s proprietary information and constitute “trade secret” as defined, without limitation, in the Uniform Trade Secrets Act.
Consent to receive email
When you register to use the Site and Services, you hereby consent to receive periodic email communications from Company, including customer service issues, newsletters, new product offers and other matters. You may choose to opt out of certain newsletter and product email correspondence; however, Company reserves the right to email you at any time regarding your account and your use of the Site and Service.
Links to other websites
The Site may reference or link to other websites. The Company has no control over these websites and is not responsible for them, including the site’s availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of the site’s content and will not be a party to or in any way be responsible for monitoring any transaction between you and other websites. Links and access to these websites are provided for your convenience only and should you choose to access such other websites you acknowledge that you do so voluntarily and assume all risk.
You agree that your use of the Services is at your sole risk. The Site and any Services are provided on an “As Is” basis, without warranties of any kind, either express or implied. The Company does not guarantee that your services will be uninterrupted or error-free.
You acknowledge that you have no right to any data created by your access to or use of the Site and/or Services. YOU AGEE THAT YOU WILL NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR — USE OF (OR LOSS OF ACCESS TO OR LOSS OF — USE OF) THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.
Limitation of Liability
With respect to the use of the Site and/or Services, IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) ANY AMOUNT IN EXCESS of THE AGGREGATE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR OF ANY DAMAGES WHATSOEVER, including but not limited to loss of use, bodily injury, loss of profits or loss of data.
Because it is difficult to determine exact damages that Company would suffer as a result of misappropriated Content, you acknowledge and agree that in the event you misappropriate or use Content without permission, Company is entitled to recover from you liquidated damages in the amount of seventy-five hundred dollars ($7,500) per graphic or image and thirty-five thousand dollars ($35,000) for each and any other Content misappropriated or used without permission. You understand and agree that the liquidated damage amounts are reasonable, but the liquidated damage amounts do not in any way limit actual damages, if so pursued. The Company does not waive its right to pursue any and all remedies available.
You expressively acknowledge that any actual or threatened breach of this Agreement or infringement of proprietary rights by you would cause irreparable injury to the Company and would therefor entitle Company to injunctive relief without any additional proof or showing of irreparable injury or harm.
When you post messages, upload files or otherwise communicate on the Site (“User Content”), you grant the Company a perpetual, royalty-free and irrevocable right to license and use the User Content in any way the Company chooses, including but not limited to modifying, adapting, publishing, reproducing, sublicensing, transferring and selling.
You agree that all User Content created, uploaded and/or posted on the Site will abide by the following rules:
-Not be corrupt or contain viruses or programs that may adversely affect the Site or another’s computer
-Not be offensive, abusive inappropriate or threatening in any manner
-Not be used to impersonate another or falsely represent yourself
-Not be infringing
-Not be used to promote oneself or other business or be part of any multi-level marketing or contest
-Not violate any applicable laws
You also agree without limitation to other uses specified elsewhere in this Agreement, you agree to:
-Not access content not intended for you
-Not attempt to breach security or interfere with or cause harm to the Site in any way
By using the Site and/or Services, you agree to resolve Arbitral Claims (as defined below) arising out of this Agreement by binding arbitration through Court Mediation and Arbitration in Fort Lauderdale, FL.
As used in this Agreement, an “Arbitral Claim” is any claim you have against the Company or the Company has against you, but specifically excludes claims by the Company to enforce its Intellectual Property rights or to prevent or remedy unfair competition, unauthorized access, security breaches, fraud or espionage.
You further agree that:
-You will not join any Arbitral Claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding
-You will waive the right to a jury trial
-No Arbitral Claim will be resolved on a class wide basis
You further agree that the personal jurisdiction of and exclusive venue in the federal and state courts and serving as the legal forum for any dispute arising out of this Agreement and not precluded as an Arbitral Claim is located in Fort Lauderdale, FL.
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind Company in any respect whatsoever
The Company may freely assign the Agreement.
©Biostem Wellness, Inc. 2013-2014. All Rights Reserved.
We take your privacy and the security of your personal information seriously.
What information do we collect about you on our Website or through our Online Products?
We collect both personally identifiable information and non-personally identifiable information.
Personally Identifiable Information.
You do not have to provide us with any Personal Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use all of our Online Products, such as subscribing to our online wellness or weight management tools or posting content, comments or images on our Website.
Non-Personally Identifiable Information.
Non-Personally Identifiable Information (“Non-Personal Information”) is general information that by itself cannot be used to identify or contact you, such as demographic information (like age or city) and health information (like body weight). Other Non-Personal Information, like data from users who visit the Website, may also be collected, for example the user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personal Information is used to help us understand who uses our Website and to improve and market our Website in general and our Online Products in particular..
Information from Other Sources.
We may also supplement and aggregate the information we collect with information from other sources to assist us in evaluating and improving our Website and Online Products, to determine your preferences so that we can tailor our Website and Online Products to your needs, and/or to study nutritional, wellness, weight-management, behavioral and fitness questions in general.
How is the information collected on the Website or through our Online Products and what is it used for?
In order to access and utilize certain Online Products on our Website, such as the health assessment, the wellness and weight-management tools and the food database, you may be required to provide us with information (including Personal Information) such as name, height, weight and email address, and, if you subscribe to one of our Online Products, payment and billing information.
This information is used to:
– Customize and personalize the Online tools, resources and experience for those who use the Website
– Help us understand who uses our Website
– Improve our Website and our Online Products
– Contact users about requested Online Products and/or for subscription billing purposes.
Cookies and Action Tags.
We also collect Non-Personal Information passively using “cookies” and “action tags.”
A cookie is a small text file stored on a user’s computer or mobile device for record-keeping purposes. Cookies are used to identify the Web Browsers accessing the Website, to determine the number of unique visitors, to personalize your online experience, to identify returning visitors, and to provide you with advertisements and messages of interest to you. The Website does not store any Personal Information in any cookies on your computer. However, we do link the non-personal information we store in cookies to your Personal Information.
We also use a third-party advertising company to serve ads when you visit our Web site. This company may use non-personally identifiable information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to reset the browser to manage cookies in the “Help” section of the toolbar. If you reject our cookie(s), you will be restricted to certain free areas of our Website and will be unable to access areas of the Website available to Subscribers.
“Action tags,” also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements, or e-mail sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer.
Social Media Features and Widgets.
Facebook Connect or other OpenID provider
You can log in to our Website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity.
Children under age 13.
We are committed to protecting the privacy of children. This Website is not designed for, nor intended to attract children under the age of 13.
Information collected by Third Parties not acting on behalf of drdavesbest.com
Sponsors, partners or advertisers on the Website or in emails, special promotions, or newsletters we send you may also use their own cookies or web beacons when you click on their advertisement or link to their website or service, or even if the advertisement simply appears on a page or in an email that you are viewing.
Disclosure of your information.
In some circumstances, we must disclose your Personal Information to third parties who help us administer our Website or our services. These third parties are required to keep your information confidential and do not use your information for any purpose other than the purpose under which your information was collected. We also disclose your information to our Affiliates (defined below).
We may also release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, court order, or legal process; or (2) in special cases, such as a physical threat to you or others, or to protect the rights and/or property of beten.com. Additionally, in the unlikely event that the entirety of our business is sold, liquidated, merged, or transferred to a third party, we may transfer all personal and non-personal information to the party purchasing or merging with us.
Third Parties Generally. Occasionally we may invite you to be contacted by third parties whose goods or services may be of interest to you. We will only share your Personal Information with these third parties if you grant us permission to do so. If you opt-in to such sharing, we may also share your Personal Information with licensors of certain diet, nutrition, and/or health-related programs offered on or through our Website.
We may provide third parties with non-personal information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we provide our advertisers and other third parties with aggregate, non-personal information about our Website users, including the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website.
Outside Contractors. We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to our Website, including but not limited to maintaining an email suppression list as required by state and/or federal law; hosting and maintaining our chat rooms; providing credit card processing and shipping fulfillment; fraud screening; testing and implementation of special services such as those for contacting members to offer personal, one-on-one, nutritional and member support to help members to reach their goals; and developing applications for our Website and email services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personal Information, in the course of providing products or services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us.
Third Party Sellers. Through our Website, you may be given the opportunity to purchase (or to obtain more information) regarding certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, “Third Party Sellers”). In addition, if you purchase a product or service through one of our co-branded stores (rather than through our Online Store), you will likely be purchasing the product through a Third Party Seller, not from us. We will attempt to notify you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. For example, if you see a phrase such as “powered by” or “brought to you by” followed by the name of a person or company other than beten.com, then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain Personal Information (e.g., name and address for shipment purposes) to them in order to purchase their products or services or to obtain additional information from them. Alternatively, we may offer the products or services of these Third Party Sellers in our Online Store or elsewhere through our Website. If you should make a purchase of these products or services, we will transmit your purchase data and your Personal Information to the Third Party Seller so that the transaction can be processed.
The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link www.verisign.com.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, please email us at [email protected]
Your Privacy Choices
Except as otherwise stated herein, users of our Website are notified when Personal Information is being collected by third parties on our Website.
Please know too that you may always choose not to provide information, though it might be needed to take advantage of offers or Website features. You can add or update certain information you provide to us through your Member Profile and/or Subscription Profile.
Updating your Personal Information.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to drdavesbest.com from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate. Nevertheless, we promise that upon receiving your request, all Personal Information stored in the databases we actively use for research and daily business activities, and other readily searchable media, will be disabled.
Contact Us with Privacy-Relation Questions
Send an email to: [email protected]
Effective Date: This policy was last updated on September 2, 2016.
©Biostem Wellness, Inc. 2013-2016. All Rights Reserved.