Disclaimer

As a Licensee, you agree that you are using your own judgment in using the Program Materials and information provided on and through this Program, Product or Services, which is done at your own risk. You also agree to our full Disclaimer on our Website.

Your use of any information or Program Materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services and Program Materials. You assume responsibility for your choices, actions, use or nonuse of any of the Program Materials or other information in our Programs, Products and Services, and you acknowledge that you are using, or not using, our Program, Product or Services and Program Materials at your own risk.

You acknowledge that the Program Materials including but not limited to case studies are being presented for informational and educational purposes only, and to the best of our ability, the Program Materials have been sanitized to remove any the specific identity, identifying characteristics and/or personal health information of any enrollee or individual so that any particular individual’s identity may not be determined as we aim to protect the confidentiality of case study enrollees or any other individual. For some reason, should the identity of a case study enrollee or any other individual have their identity discovered or known to you or to others as a result of you reading or otherwise using the Program Materials, including but not limited to the case studies, we are not liable in any way for the discovery or identification of any such individual’s specific identity, identifying characteristics and/or personal health information.

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product or Services. Our Programs, Products, and Services are for informational and educational purposes only.

We cannot and do not guarantee that you will attain a particular result through the use of our Programs, Products and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services.

THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAMS, PRODUCTS OR SERVICES OR PROGRAM MATERIALS FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PROGRAMS, PRODUCTS OR SERVICES, PROGRAM MATERIALS,  OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, Product or Services, including by your use or inability to use any information obtained on or through the Program, Product or Services, any websites linked thereto, and/or any material posted on our Website, or in any other way through our Programs, Products or Services by us or by others, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to us, our  Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, contractors, joint venture partners, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, our Programs, Products or Services, including the Program Materials or third-party materials made available through our Programs, Products or Services, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of you or any other Program, Product or Services participant or user.

You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these T&C.

These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Links to External Websites or Use of Social Media

From time to time our Programs, Products and Services may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website or social media. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us, are not governed by these T&C and Privacy Policy.

You should exercise caution and look at the terms and conditions and privacy policy of the external website or social medial sites you are visiting or using. Use of external links to other sites or social media do not signify that we endorse them or are liable for them or their contents in any way. We bear no responsibility for the content, information, or identity of the linked website(s) or social media websites.

We accept no liability for any of the views, facts, opinions, or references in our Programs, Products or Services whatsoever. Information posted on this Website related to our Programs, Products and Services or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.

Your Conduct

In addition to the ways outlined in this T&C relating to the permitted use, prohibited use, and the improper and/or unauthorized use of our Programs, Products, and Services, and Program Materials, you must not use our Program, Product or Services, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you.

In addition to the ways outlined in this T&C relating to the permitted use, prohibited use, and the improper and/or unauthorized use of our Programs, Products, and Services, and Program Materials, you may not use our Program, Product or Services, or any aspect related to it, in any of the following ways:

• For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity

• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam

• To cause annoyance, inconvenience or needless anxiety to anyone or anything

• To impersonate any third party or otherwise mislead as to the origin of your content

• To reproduce, duplicate, copy or resell any of our content in contravention with these T&C or any other agreement with us.

Online Commerce

If paying by credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Programs, Products, or Services for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue.

If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

When you purchase this Program, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases made by you. You agree to purchase and use our Programs, Products or Services for legitimate purposes only in compliance with these T&C. You also agree not to make any purchases for speculative, false or fraudulent purposes.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of our Programs, Products or Services.

You agree to only purchase these Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

In addition, if you are dissatisfied with any of our Programs, Products or Services, you may also submit your complaint through our grievance process which may be found at https://houstondbtcenter.com/contact/

Termination

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services and/or our Website, e-mail communications, or any other method of communications related to our Programs, Products or Services at any time without notice. Should you or we wish to terminate the Programs, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Programs, Products, Services or our Website, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to Program Materials and the Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these T&C, shall survive such termination of your access and apply in full force.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to us via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.

By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Lithia, Florida and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

These T&C, Disclaimer, Privacy Policy, and Grievance Policy shall be construed according to the laws of the State of Florida.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If this T&C, Disclaimer, Privacy Policy or Grievance Policy, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the T&C, Disclaimer, Privacy Policy or Grievance Policy which shall be given full force and effect.

If you have any questions about any term of these T&C, please contact us administration@dbtcenterhouston.com.  Thank you.