Terms of Service
ONLINE PURCHASE AGREEMENT
Acceptance. Your purchase of products from Delight Medical & Wellness Center (“Delight Medical”) is subject to the following covenants, conditions and restrictions as they may be modified or supplemented from time to time by Delight Medical (the “Agreement”). BY CLICKING THE “SUBMIT” BUTTON BELOW, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR WILLINGNESS TO BE BOUND BY ALL OF ITS TERMS AS THEY MAY BE CHANGED FROM TIME TO TIME BY DELIGHT MEDICAL . EACH TIME THAT YOU USE THIS SITE TO PURCHASE PRODUCTS FROM DELIGHT MEDICAL & WELLNESS CENTER, YOU SIGNIFY YOUR ACCEPTANCE OF THE AGREEMENT, INCLUDING ANY AND ALL MODIFIED OR NEW TERMS. IF, AT ANY TIME, YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MUST SIGNIFY YOUR NON-ACCEPTANCE OF THIS AGREEMENT AND ANY OF ITS TERMS BY DISCONTINUING YOUR USE OF THE SITE TO PURCHASE ANY OF THE PRODUCTS OFFERED HEREIN.
No Practice of a Profession: As indicated by your acceptance of this Agreement, you acknowledge and agree that by making products and services available to you, Delight Medical is not undertaking to diagnose, treat or render medical advice to you, and is not otherwise engaging in the practice of medicine or any other health care profession or otherwise creating a physician/patient or other professional relationship. The information you obtain from use of the Site is for reference purposes only and should not be used as a substitute for a clinical relationship with a physician or other qualified health care practitioner. The information you obtain from the Site is not intended to recommend or encourage any practice or procedure, or to otherwise influence your freedom of choice in the selection of a product or service, and Delight Medical does not make any endorsements, referrals, representations or warranties about any of the products, treatments, goods or services referenced in its informational or educational materials or otherwise contributed to the Site by other practitioners or institutions.
Consulting a Medical Doctor:
You understand and agree that it is your sole responsibility to seek the advice and treatment of a medical doctor, and that you will seek the advice and treatment of a licensed medical doctor in conjunction with any program of weight management or health improvement, and at any time that you have any concern regarding the possible occurrence of any disease, injury, deformity, or physical or mental illness or injury.
Vial of Injections:
As Delight Medical staff has required from you, you will be responsible for finding a health care provider who is certified in administering injections into the muscle. You will designate this healthcare professional (ie.medical assistant, nurse, doctor, or medic) to administer you the vial you purchase from Delight Medical into your gluteus or quadriceps muscle. The injector will bear the procedural liability. However, Delight Medical will ensure you about the safety of the vial contents–if in its original sealed vial. The above injector will write and sign a statement indicating that they will be administering the injections to you. You are responsible to send that statement along with the injector’s healthcare certificate to Delight Medical.
Restrictions on Product Utilization:
You understand and agree that
the products that you purchase will not be your sole source of daily nutrition;
you will use the products in a dietary meal plan that exceeds 1200 cal per day; and
if you are an individual with a medical condition, such as high blood pressure, heart disease or diabetes, you will consult with your personal physicians prior to and throughout the time that you are dieting as it may be necessary to change your prescription medications as you lose weight.
You understand and agree that no promise or guaranty has been made to you regarding the results of your use of any product, or of any of the weight management or health improvement programs that may be provided or recommended by Delight Medical.
You acknowledge that applicable laws require that you be provided with the following notice:
State law allows any person to provide nutritional advice or give advice concerning proper nutrition-which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.
Personal Information: Upon registration, you will receive a username and password. You agree to assume sole and complete responsibility for maintaining the confidentiality of your username and password. You are responsible for any and all activities that occur while your username and password are being utilized. You agree to notify Delight Medical immediately if you become aware of any unauthorized use of your account, username or password.
Payment Terms: Payment must be received by Delight Medical prior to acceptance by Delight Medical of an order.
Title; Risk of Loss: Title to products passes from Delight Medical to you upon shipment. Loss or damage that occurs during shipping by a carrier selected by Delight Medical shall be resolved by Delight Medical. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
Return Policy: Delight Medical Center does not accept the return or exchange of any nutritional products. The purpose of this policy is to reduce any risk of product tampering once the product has left our control. Claims for products damaged during shipping need to be made with the shipping carrier.
Refunds: Once you have submitted a purchase, you are NOT entitled to a refund of the product for any reason.
Disclaimer of Warranties: DELIGHT MEDICAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth in this Agreement. Some jurisdictions do not allow the disclaimer of certain warranties. As a result, some of the foregoing disclaimers may not apply to you. Delight Medical products, prices and inventories may change at any time without notice, and Delight Medical does not guaranty the availability or price of any product.
Limitation of Damages and Liability: IN NO EVENT SHALL DELIGHT MEDICAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE SITE OR ANY INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, FROM DELIGHT MEDICAL OR ANY OTHER PERSON OR ENTITY (HOWEVER ARISING, INCLUDING NEGLIGENCE, OR STRICT PRODUCT LIABILITY). DELIGHT MEDICAL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ANY PURCHASE PRICE PAID BY YOU TO DELIGHT MEDICAL. Some jurisdictions do not allow the limitation of certain damages or liabilities. As a result, some of the above limitations may not apply to you.
Authorization for Release of Information: Delight Medical has established policies and procedures governing the security and privacy of your personally identifiable information. In order to utilize some of the purchaser services, it will be necessary for Delight Medical to transmit your personally identifiable information to other persons or entities. By accepting this Agreement, you authorize Delight Medical to make any and all disclosures necessary to provide the services you request via the Site. Without limiting the foregoing, you specifically authorize Delight Medical to disclose your personal information to your bank or credit card company for payment. You hereby authorize such uses and disclosures and represent and warrant that Delight Medical shall be entitled to rely on this authorization in making the foregoing disclosures without obtaining any additional authorization from you. In turn, Delight Medical will ensure that all of its uses and disclosures comply with the relevant state and federal laws governing the disclosure of such information. When making these disclosures, Delight Medical will use commercially reasonable efforts to disclose the minimum amount of information necessary to accomplish the intended purpose of the disclosure.
Governing Law: This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and wholly performed within California between California residents. If you access this site from outside of California, you agree that your use shall be governed by and construed in accordance with the laws of the State of California. Both parties submit to jurisdiction in the state of California. The parties expressly exclude the application of the 1980 United Nations Convention on the Internal Sale of Goods (when and if applicable).
Arbitration: Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled by binding arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall occur in Los Angeles, California, unless the parties mutually agree to hold such proceeding in another locale. The arbitrator(s) may award attorneys’ fees and costs to the prevailing party in any such proceeding. The parties may conduct all discovery permitted under California law.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, unless such construction would defeat an essential purpose of this Agreement.
Assignment: You agree not to assign, delegate or otherwise transfer any of your rights or obligations hereunder, in whole or in part, directly or indirectly, by operation of law or otherwise, to any person or entity not a party to this Agreement, except to your agents or employees. Except as otherwise provided herein, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns.
Headings: Section headings are inserted herein solely for the purpose of convenience of reference and shall not be construed as being a part of this Agreement.
Waiver: Waiver by either party to enforce any of the provisions, terms, conditions, or obligations of this Agreement must be in writing. No such waiver shall be construed as a waiver of any succeeding breach of such provision or a waiver of the provision itself. No extension of time for performance of any obligations or acts hereunder shall be deemed an extension of the time for performance of any other obligations or acts.
Notice: All notices, requests, demands, and other communications required to or permitted to be given under this Agreement shall be in writing and shall be conclusively deemed to have been duly given: (a) upon personal delivery; (b) if sent by fax, upon confirmation of receipt of fax; (c) if by e-mail, upon receipt by sender of a confirmation of delivery; (d) if by certified mail, postage prepaid, three days after date of mailing; or (e) if sent by way of a national overnight delivery service, charges prepaid, the next day, provided that the sending party receives confirmation of delivery from the delivery service provider.
Entire Agreement: This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous, oral or written negotiations, understandings and amendments.
Modification of Agreement: You agree that Delight Medical may modify or supplement the Agreement from time to time without giving you any notice other than posting the modified or supplemented Agreement on the Site. You agree that it is your responsibility to review the Agreement on the Site regularly to stay appraised of any modifications or supplements that Delight Medical may make. For purposes of this Agreement, “you” means and includes you, your agents and employees, and any other persons or entities who or which are lawfully subject to your direction or control.
Acknowledgement: You acknowledge that you have read and fully understand the foregoing Agreement, and that you have had an opportunity to ask any questions that you may have regarding the products and services provided by Delight Medical, and the terms and conditions set forth herein.