The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
All notices from Diabetes Wellness Clinic of America to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Diabetes Wellness Clinic of America shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Diabetes Wellness Clinic of America five (5) days after the date sent.
All content appearing on this Web site is the property of:
Diabetes Wellness Clinic of Americ, LLC
Copyright © 2006-2009 Diabetes Wellness Clinic of America. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2006-2009 Diabetes Wellness Clinic of America. All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Diabetes Wellness Clinic of America. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Diabetes Wellness Clinic of America or any third party, except as expressly granted herein.
Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Diabetes Wellness Clinic of America and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Diabetes Wellness Clinic of America believes that customer conduct violates applicable law or is harmful to the interests of Diabetes Wellness Clinic of America and its subsidiaries.
PATIENT LICENSE AGREEMENT Scope of Agreement: The scope of this agreement shall be the World Wide. This agreement shall terminate twenty (20) years after the Effective Order Date. The Patient?s obligations under this agreement shall survive termination of the Agreement between the parties and shall be binding upon the Patient?s heirs, successors and assigns for a period of ten (10) years. Upon written request of the other party, a party shall promptly return to the other all documents and other tangible materials representing the other?s Confidential Information and all copies thereof. Provider and Patient each agree that Confidential Information disclosed to the other shall not be duplicated or otherwise disclosed to any third party except as authorized in writing by the Provider. Purpose of Agreement:
This Purpose of this agreement is to induce a bond of total confidentially between the aforementioned Parties. The term ?Confidential Information? as used in this Agreement means all information and data, described below, and presented and discussed by either Party, which is related to the current, future or proposed business of that Party. The Party providing Confidential Information in each case is called the ?Provider? the Party receiving the Confidential Information is called the ?Patient?. The Patient shall keep the Confidential Information described below confidential. Diabetes Wellness Clinic of America (DWCoA) Confidential Information: Any and all company related information, provided in conjunction with discussions between the Provider and Patient, diagnosis and treatments (Ambulatory Reversal Program -ARP), plans, trade secrets, business plans, strategy of the Provider, copyrights, intellectual property and other proprietary information. Trademarks: DiaFiber, DiaFiber Plus, DiaOptimum, DiaChia, and DWCoA Logos are Trademark of Diabetes Wellness Clinic of America. Body of Agreement: The Provider and Patient parties hereby mutually arrive and agree to generally not disclose, distribute, or otherwise disseminate any data shared between the two parties.
This data shall include Clinical Program (Ambulatory Reversal Program (ARP) - Diabetikus), product, the use of the products, any diagnostic products and processes and training material to aid any person to control diabetes and weight but not be limited to the discussion of topics (including products training, patients training, marketing method, implementation of supplements and supplements formulation) originated by any of the Provider Party. The parties agree to keep all written documents, business or personal, confidential should they in any way relate to this agreement. Patient party and any of his / her agents or employee agree not to circumvent in any faction the transaction of any product and programs that Dr. Pedro J. Martinez, Hope Medical Institute, Hope Diabetes Center or Diabetes Wellness Clinic of America is proposing to its prospects. Also, Patient parties and any of its representative or family agree not reveals details of the program or his clinical findings to any form of business of the following type: Private or Group Medical Practices, Pharmaceutical or any kind of medical business that deal with reversing diabetes and obesity; and agrees to respect the confidentiality of the program (Ambulatory Reversal Program).
Handling of Confidential Information: Each party agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of the other, except as approved in writing by the other party to this Agreement, and will use the Confidential Information for no purpose other than investment with the other party to this Agreement. Each party shall only permit access to Confidential Information of the other party to those of its Family or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentially obligations at least as restrictive as those contained herein. No Grant of Rights: The parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or the intellectual property right that has issued or that may issue, based on such Confidential Information. Equitable Remedies: Patient acknowledges that Patient?s breach of this Agreement may cause irreparable harm to DWCoA for which DWCoA is entitled to seek injunctive or other equitable relief as well as monetary damages. Confidentiality Agreement Miscellaneous: Neither party shall transfer or assign this agreement to any other person or entity, without the prior written consent of the other. Any such attempted assignment shall be void and of no effect.
This Agreement shall be governed by, enforced under, and construed and interpreted in accordance with, the laws of Arizona without reference to conflict of laws principles. Each party agrees consents to venue and personal jurisdiction in Gilbert, Arizona. ACCEPTANCE OF AGREEMENT: The Licensed use of the Ambulatory Reversal Program is expressly conditioned upon patient?s acceptance of these terms. Patient shall indicate acceptance of these terms by opening the package and agree to be legally bound exclusively by these terms.
Shipping & Delivery
At this time, Diabetes Wellness Clinic of America ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Diabetes Wellness Clinic of America ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Diabetes Wellness Clinic of America is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Diabetes Wellness Clinic of America charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Diabetes Wellness Clinic of America makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Diabetes Wellness Clinic of America SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Diabetes Wellness Clinic of America BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Diabetes Wellness Clinic of America.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Diabetes Wellness Clinic of America is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Diabetes Wellness Clinic of America.
The inclusion of material on this server does not imply any endorsement by Diabetes Wellness Clinic of America, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Diabetes Wellness Clinic of America tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Diabetes Wellness Clinic of America reserves the right to change its payment procedures at any time without prior notice to you.
Customer service is available as defined on the Contact Us page of this Web site.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Diabetes Wellness Clinic of America and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Diabetes Wellness Clinic of America shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Diabetes Wellness Clinic of America with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Diabetes Wellness Clinic of America with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Diabetes Wellness Clinic of America. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
This information is not intended to treat, diagnose, cure or prevent any disease. All material provided on this Site is provided for information purposes only. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition, before undertaking any diet, exercise, other health program, or other procedure set out on this Site.