Purchase Terms and Conditions
You are about to enter the online private store (“Private Store”) of Dr. Allyn Cano Alwa; DOM, LAc, ND (“Dr. Alwa”). Access to the Private Store is strictly limited to “Established Patients” of Dr. Alwa or “Authorized Individuals” acting on their behalf. For purposes of Private Store access, please note the following important definitions:
- An “Established Patient” is an individual who (1) has had a minimum of an initial appointment directly with Dr. Alwa conducted either in-person or virtually via Skype, webex, telephone, or other similar real-time electronic means, in which Dr. Alwa obtained a history on the individual’s condition(s), performed a physical exam (except in the case of virtual meetings), and provided an evaluation and written recommendations, AND (2) has received a confidential patient-specific Password from Dr. Alwa for exclusive access to the Private Store.
- An “Authorized Individual” is an individual expressly authorized to act on behalf of an Established Patient, such as a family member acting under the express authority and direction of an Established Patient, a certified nursing assistant, a certified home health aide, a non-medical caregiver, an individual acting under a properly executed Power of Attorney over healthcare decisions, or any other duly authorized representative or agent acting on the Established Patient’s behalf.
Access to and use of the password-protected Private Store by unauthorized users is strictly prohibited. Unauthorized individuals attempting to access the Private Store may be subject to prosecution. By entering an Established Patient Password and accessing the Private Store, you hereby acknowledge and certify that you are either an “Established Patient” or an “Authorized Individual”, as defined above, by checking the box below:
[Add checkable box here] I HEREBY ACKNOWLEDGE AND CERTIFY THAT I AM EITHER AN ESTABLISHED PATIENT OR AN AUTHORIZED INDIVIDUAL, AS DEFINED ABOVE.
EXCEPTION FOR OTHER HEALTH PROFESSIONALS – Other health professionals may access Dr. Alwa’s Private Store with an authorized password for commercial purposes, such as distribution of products to their own patients. Check the box below:
[Add checkable box here] I HEREBY ACKNOWLEDGE AND CERTIFY THAT I AM A HEALTH CARE PROFESSIONAL, OR THE AUTHORIZED AGENT OR EMPLOYEE OF A HEALTH CARE PROFESSIONAL, ACCESSING DR. ALWA’S PRIVATE STORE FOR COMMERCIAL PURPOSES. I agree that I and/or my practice and/or any other entity or organization on whose behalf I am accessing and using the Private Store are solely responsible for the proper use and distribution of any products that I ultimately obtain through the Private Store, including, for example, making appropriate recommendations for the use of such products by my patients through proper screening, initial intake, history, physical examination (if necessary), evaluation, and written recommendations, as necessary within my sole discretion. I further agree to release and discharge Dr. Alwa and her employees, agents and representatives of any liability arising from any negligence or failure on my part to properly distribute to, recommend, limit or otherwise control the use of these products by my own patients or others obtaining access to such products through my patients or on behalf of my patients.
By entering the Private Store, you further agree to the following Terms and Conditions of Use:
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS OF USE.
Dr. Alwa maintains the Private Store as a service to her patients. By using the Private Store, you agree to comply with and be bound by the Terms and Conditions of Use set out herein. Dr. Alwa maintains and reserves the exclusive right to modify these Terms and Conditions from time to time, as necessary or appropriate within her sole and absolute discretion. These Terms and Conditions govern your access to and use of the Private Store, including the products, services, software, features, and any information made available to you in the Private Store. If you are using the Private Store on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer’s behalf. In the case of any violation of the Terms and Conditions, Dr. Alwa reserves the right to seek all remedies available by contract, law and in equity for any such violation. The Terms and Conditions apply to all visits to the Private Store each and every time a visit is made, both now and in the future.
ANY VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR PASSWORD-PROTECTED ACCESS TO THE PRIVATE STORE.
MODIFICATIONS TO THE PRIVATE STORE AND ITS PRODUCT OFFERINGS AND PRICING.
Dr. Alwa reserves the exclusive right to amend the Terms and Conditions and to modify or discontinue all or part of the Private Store content and offerings of any kind, temporarily or permanently, with or without notice and within her sole and absolute discretion, and is not obligated to support or update the Private Store. The amended Terms and Conditions shall automatically become effective immediately after they are initially posted in the Private Store. Your continued use of the Private Store after the posting of the amended Terms and Conditions constitutes your affirmative acknowledgment of the modifications and agreement to abide and be bound by the Terms and Conditions, as amended.
Similarly, Dr. Alwa reserves the exclusive right to change or modify product offerings in the Private Store – including pricing changes or additions, modification or elimination of product, alteration or modification of product formulations or ingredients, and the like – all within her sole and absolute discretion, with or without notice other than labeling or other similar disclosures required by law.
PRIVATE STORE PRODUCT LABELING AND PACKAGING.
None of the instructions, formulations, product descriptions, ingredient lists, recommended dosages or other information contained in the product labeling, product packaging or other written materials provided with the products located in the Private Store are intended to diagnose, treat, cure, or prevent any disease. As to any products you purchase in the Private Store, you agree to thoroughly review and abide by all instructions, recommended dosages, and other content contained in the product labeling, product packaging and/or other written materials provided with such products, as well as and in conjunction with any specific recommendations provided to you by Dr. Alwa with regard to the specific product, before commencing any use of such product.
RETURN AND/OR REFUND POLICY.
Upon completion of an order of any product from the Private Store, you can return for a full refund within sixty (60) days any unused product provided that the product is still in its original packaging, has not been tampered with or opened, and the seal remains unbroken. You are responsible for shipping costs for any such returns. This policy applies only to standard product supplies regularly contained in the product offerings advertised in the Private Store. Special formulations or special orders cannot be returned upon completion of sale as those items are patient-specific.
LINKS TO THIRD PARTY SITES AND CONTENT ARE NOT ENDORSEMENTS.
The Private Store may contain links to third-party websites, or may contain references to other industry leaders, authorities or other reference materials (collectively, “Other Authorities”). Neither linked websites nor Other Authorities referenced in the Private Store are under the control of Dr. Alwa, and Dr. Alwa is not responsible for the contents or policies of any linked sites or Other Authorities. Dr. Alwa provides these links and references as a convenience only, and not by way of endorsement of, sponsorship of, or affiliation with the linked sites or Other Authorities by Dr. Alwa. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Dr. Alwa cannot ensure that you will be satisfied with their products, services or practices. You should conduct your own research and due diligence investigation you think necessary and appropriate before engaging any transaction with any of these third parties coming by way of either linked website or reference to Other Authorities.
INTELLECTUAL PROPERTY RIGHTS.
The Private Store is proprietary to Dr. Alwa. All content, including the text, images, marks, logos and other materials contained in the Private Store (collectively, “Private Store Content”) is proprietary to Dr. Alwa or to third parties from whom she has obtained permission. Dr. Alwa expressly provides you limited authorization to view, download, and print the Private Store Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Private Store Content; (iii) you may not modify Private Store Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Private Store Content. Except as expressly permitted above, reproduction or redistribution of the Private Store Content, or any portion of the Private Store Content, is strictly prohibited. You represent and warrant that your use of Private Store Content will be consistent with this license and will not infringe upon or violate the rights of Dr. Alwa or any other party, or breach any contract or legal duty to Dr. Alwa or any other parties. Further, any product names, logos, images and other related material located in the Private Store are the trademarks or registered trademarks of Dr. Alwa or any other respective holders. You agree not to register or attempt to register any such marks or trademarks that would reasonably be deemed to be confusingly similar to any of the marks or trademarks located in the Private Store.
The Private Store is provided on an “as is”, “as available” basis. Dr. Alwa does not represent or warrant that the Private Store will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus free nor does Dr. Alwa make any warranty as to the results that may be obtained from the use of the Private Store or as to the accuracy or reliability of any content or any information or products obtained through the Private Store or that defects in the Private Store will be corrected. You expressly acknowledge that this Private Store and the services are computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. In such event and subject to the Terms and Conditions hereof, Dr. Alwa shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs and replacements, within her capacity, that are necessary to enable the Private Store to perform its intended functions in a reasonable manner. You acknowledge that Dr. Alwa does not warrant that such efforts will be successful. If Dr. Alwa’s efforts are not successful, you may cease using the Private Store. The foregoing shall constitute your sole remedy, and Dr. Alwa’s sole liability, in the event of interruption, outage or other delay occurrences of the Private Store. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to your use of the Private Store or any use or repurposing or republication of any product, content or other information derived therefrom.
LIMITATION OF LIABILITY.
Dr. Alwa expressly disclaims any liability or loss arising from or related to the Private Store (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, merchant interfaces, websites, facilities, or your data or your customer data (including credit card numbers and other personally identifiable information) due to accident, illegal or fraudulent means, including hacking, or devices used by any third party, or other causes beyond Dr. Alwa’s reasonable control. You expressly agree that Dr. Alwa shall not be liable for any loss arising from infiltration of the Private Store by means of software viruses, trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate data from the Private Store.
As a condition of use of the Private Store, you agree that neither Dr. Alwa nor any agent, representative or employee acting on her behalf will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of the Private Store.
You agree to indemnify, defend and hold harmless Dr. Alwa and her agents, representatives and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Private Store; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; € any violation of the Terms and Conditions; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to Dr. Alwa by the Credit Card Associations or any other entity, you agree to reimburse Dr. Alwa immediately for said fines and/or penalties.
GOVERNING LAW & JURISDICTION.
The Private Store is accessible in all fifty states. Dr. Alwa is located in California. By accessing and using the Private Store, you agree that all matters arising from or relating to your use of the Private Store will be governed by the laws of the State of California, without regard to its conflict of law principles.
Dr. Alwa shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, internet services or network provider services, acts or omissions by a third party, infiltration or disruption of services by a third party, or other catastrophes or occurrences that are beyond Dr. Alwa’s reasonable control.
SEVERABILITY AND ENFORCEABILITY.
In the event that any provision of the Terms and Conditions shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms and Conditions. Dr. Alwa’s failure to act with respect to a breach by you or others does not waive her right to act with respect to subsequent or similar breaches.
Any and all information collected from you during your purchase of any products contained in the Private Store is held in strictest confidence. Dr. Alwa does not give out, exchange, provide, or disseminate any information about her patients that is considered private or confidential, is restricted by law, or has been specifically restricted by a patient. Information is only used as is reasonably necessary to process your order.