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This Agreement (the “Agreement”) is made
between Dr. Christopher's, a Utah corporation (the “Company,”
“we” or “us”) and you. This Agreement
sets forth the legal terms and conditions for your use
of this web site and any other Dr. Christopher web site(s)
and for your purchase and/or use of any Dr. Christopher
goods, services or in connection with the Dr. Christopher
business opportunity (collectively referred to hereinafter
as, “Offerings”). This Agreement also provides
information on how to become a Dr. Christopher Distributor.
Your use of Dr. Christopher’s web site(s), including
all web pages (collectively, the “Site”) and
all information, data, text, software, information,
images, sounds or other materials (collectively, the
“Content”) contained therein, or your use
or purchase of any other Offerings confirms your acceptance
of this Agreement and is subject to your continued compliance
with the terms and conditions of this Agreement.
If you are dissatisfied with the Site or other Offerings,
your sole and exclusive remedy is to stop using the
Site or other Offerings, except as otherwise expressly
stated in section Six of this Agreement (Dr. Christopher
Customer Guarantee).
We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Enhance, add to, modify or discontinue the Site or other
Offerings, or any portion of the Site or other Offerings,
at any time in our sole discretion.
Any changes to this Agreement will be effective immediately
upon notice, which may be provided to you via e-mail
or by display on the Site (hereinafter, “Notice”).
Your use of the Site or other Offerings after such Notice
will be deemed acceptance of such changes.Be sure to
review this Agreement periodically to ensure familiarity
with its most current version.
The Site or other Offerings, in whole or in part, may
be enhanced, modified or discontinued at our sole discretion.
Any enhancements, additions or modifications to the
Site or other Offerings will be subject to this Agreement.
You must obtain access to the Internet and pay any service
fees associated with such access to use the Site. In
addition, you must provide all equipment necessary for
you to access the Internet. You are and will remain
solely responsible for the purchase, hookup, installation,
loading, operation and maintenance of any hardware,
software, telephone (cable or other) service, and the
Internet access service to your personal computer and
for all related costs. You are solely responsible for
scanning your hardware and software for computer viruses
and other related problems before you use them. We have
no liability or responsibility for any errors or failures
relating to the malfunction or failure of your hardware
or software.
You represent and warrant that you are at least 18 years
old. Dr. Christopher products and the Dr. Christopher
business opportunity cannot be offered, shipped into
or sold in any country outside of those countries that
are previously authorized by Dr. Christopher. For a
list of such countries, please click here: Authorized
Countries. Dr. Christopher is expanding its sales into
other markets, accordingly please check for updates
periodically.
Dr. Christopher products and services are sold through
Dr. Christopher’s network of Independent Distributors.
To purchase Dr. Christopher goods or services, you do
not have to become an Independent Distributor. If, however,
you are interested in becoming an Dr. Christopher Independent
Distributor, please call Dr. Christopher at 1-800-453-1406
Dr. Christopher Independent Distributors may have their
own Internet web sites. It is the sole responsibility
of each Independent Distributor to ensure that its web
site content is accurate and that it fully complies
with all Dr. Christopher rules, policies and procedures,
including without limitation, Dr. Christopher’s
Rules of Conduct & Distributor Policies, Dr. Christopher’s
U.S. Internet, Mail Order and Lead Generation Regulations,
and all applicable federal and state rules and regulations.
DR. CHRISTOPHER DISCLAIMS ANY AND ALL LIABILITY ARISING
OUT OF OR RELATED IN ANY WAY TO INDEPENDENT DISTRIBUTOR
WEBSITES.
Dr. Christopher guarantees the quality of any product
which carries the Dr. Christopher name and certifies
that the products manufactured for it meet high standards
of freshness and purity for customer use. We are confident
that our customers will find our products satisfactory
in every way. However, if for any reason, a retail customer
is not completely satisfied with any Dr. Christopher
product purchased from an Dr. Christopher Distributor,
the customer may request a refund from the Distributor
within thirty (30) days from the date the customer receives
the product. The customer will be instructed to return
the product, or the unused portion thereof, to the Distributor
from whom the customer purchased the product. The Distributor
must offer the customer a full credit toward the purchase
of other Dr. Christopher products or a full refund of
the purchase price. This guarantee is limited only by
the terms of certain specific warranties attached to
or packaged with certain products and does not apply
to any product intentionally damaged or misused.
If you provide information to the Site, you agree to
provide accurate, current and complete information about
you where requested and you agree to maintain and update
such information as appropriate. Pursuant to our privacy
policy, we may disclose any information about you that
we collect through the Site or otherwise to third parties.
For more information, please see our full Privacy Policy.
Any changes to the Privacy Policy will be effective
immediately upon Notice. Your use of the Site or other
Offerings after such Notice will be deemed acceptance
of such changes. Be sure to review the privacy policy
periodically to ensure your familiarity with its most
current version.
You are responsible for any and all Content that you
send to us. You may not use the Site or other Offerings
or any information that you get from the Site or other
Offerings to: interfere with any other user’s use
of the Site or other Offerings; conduct any unlawful
activity;
intentionally solicit or harm minors in any way;
misrepresent your own identity or any affiliation that
you may have; modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble any
portion of the Site or other Offerings; alter or remove
any copyright, trademark or other proprietary rights
notices;
“frame”, “mirror” or “deep
link” any part of the Site or other Offerings without
our prior written authorization; or
link to any page within the Site or other Offerings
from any web site or web page that makes any claims
as to the curative or health enhancing powers of any
substance, whether or not such substance is produced,
marketed, sold or distributed by us.
When using any e-mail address provided to you on or
through the Site or other Offerings, you agree not to
transmit to any person or entity:
any Content that is unlawful, fraudulent, threatening,
abusive, libelous, defamatory, vulgar, obscene, harmful,
harassing, tortuous, invasive of another’s privacy,
hateful, or is racially, ethnically or otherwise objectionable,
or is subject to an agreement of confidentiality, or
infringes upon our or any third party’s intellectual
property or other rights;
any non-public information about any company;
any trade secret; or any computer code, files or programs
(for example, a computer virus) designed to interrupt,
destroy, compromise the security of or limit the functionality
of any device.
spamming is strictly prohibited. Spam is defined for
this purpose as sending an unsolicited message to any
persons, entities, newsgroups, forums, e-mail lists
or other groups or lists unless prior authorization
has been obtained from the e-mail recipient which explicitly
permits sending e-mail communication to them, or unless
a business or personal relationship has already been
established with the e-mail recipient.
IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING
OR DESCRIBING DR. CHRISTOPHER’S PRODUCTS OR BUSINESS
OPPORTUNITY, PLEASE CONTACT US PROMPTLY SO THAT WE MAY
TAKE APPROPRIATE ACTION.
the use of false headers in e-mails or falsifying, forging
or altering the origin of any e-mail in connection with
Dr. Christopher and/or its products and services is
prohibited. if a person or entity indicates that they
do not want to receive e-mail, you agree not to send
e-mail to such person or entity. If a person initially
agrees to receive e-mail, but later asks to stop receiving
e-mail, you must abide by that request.
Dr. Christopher prohibits engaging in any of the foregoing
activities by using the service of another provider,
remailer service or otherwise.
The Site and other Offerings and software used with
the Site and other Offerings contain information that
is protected by copyrights, trademarks, trade secret
laws, service marks, patents and/or other proprietary
rights and laws (collectively, “Intellectual Property
Laws”). In addition, the Content contained within
the Site or other Offerings or in sponsor advertisements,
in information presented to you through the Site or
other Offerings or in information presented to you by
advertisers is protected by Intellectual Property Laws.
You agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Site or other
Offerings, in whole or in part, unless authorized by
us, in writing, to do so.
©2006 Dr. Christopher, All Rights Reserved. Dr.
Christopher owns and operates the Site and/or other
Offerings in conjunction with others pursuant to contractual
arrangements. You may not copy, reproduce, republish,
upload, post, transmit or distribute materials from
the Site or other Offerings in any way without our prior
written permission. You may not modify any materials
contained within the Site or other Offerings nor use
any materials for any other purpose. You acknowledge
that you do not acquire any ownership rights in any
intellectual property through your use of the Site or
other Offerings.
We grant you a limited, non-exclusive, non-transferable,
non-assignable license to use the Content on the Site
solely for the purpose of viewing the Site or other
Offerings in the course of using the Internet. Subject
to the foregoing license, you may not make a temporary
or permanent copy of the Site or other Offerings or
any Content, on any media or for any purpose whatsoever.
We do not transfer the title to any Content to you.
We retain all right, title and interest in all Content.
You may not sell, resell, decompile, reverse engineer,
disassemble or otherwise translate any of the software
portions of the Site or other Offerings to a human-readable
form. You may not transfer any portion of the Site or
other Offerings to any third party.
Dr. Christopher, our logo, and the name of the products
produced, marketed, sold or distributed by the Company,
are trademarks and/or service marks of Dr. Christopher,
or its affiliates. All other trademarks, service marks,
and logos used on the Site or other Offerings are the
trademarks, service marks or logos of their respective
owners.
If you submit any ideas, suggestions or testimonials
to us, we have the right to use your submission without
charge in any manner that we deem appropriate, including
posting on the Internet. You may only post ideas and
material to this Site if you have obtained appropriate
copyright and other permission to post such materials
and to permit us to use such material without restriction.
You agree that you will not violate or infringe the
rights of third parties, including privacy, publicity
and intellectual and proprietary rights, such as copyright
or trademark rights.
The people giving product or business opportunity testimonials
on our Site or other Offerings reflect the actual experience
of each individual, are anecdotal only, and may be atypical.
We may provide links to third party web sites or resources.
Our provision of such links is not an endorsement of
any information, product or service reached through
such link. Since we do not have any control over third
party web sites or resources, we cannot be held responsible
or liable for any Content, or for your reliance on any
Content, found on such third party web sites or resources.
Although we attempt to maintain the integrity of the
Site and other Offerings, we make no guarantee as to
the accuracy or completeness of the Site or other Offerings.
If you believe that you have discovered an error in
the Site or other Offerings, please contact us at 800-453-1406
and include, if possible, a description of the error,
its URL location and your contact information. We will
make reasonable efforts to address your concerns.
By using the Site or other Offerings, you expressly
agree that:
The Site and other Offerings are provided on an “as
is” and “as available” basis. We disclaim
all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose
and non-infringement, except as expressly noted in the
section of this Agreement entitled Dr. Christopher Customer
Guarantee.
We do not make any warranty that (i) the Site or Offerings
will meet your requirements; (ii) the Site or other
Offerings will be uninterrupted, timely, secure or error-free;
(iii) the results that may be obtained from the use
of the Site or other Offerings will be accurate or reliable;
or (iv) any errors in the Site or other Offerings will
be corrected.
Your use of the Site or other Offerings is at your sole
risk. Advice, statements or opinions should not be relied
upon when making important personal, medical, legal
or financial decisions. You should consult a professional
to obtain specific advice appropriate to your circumstances.
You are solely responsible for any damage to you or
to any third party caused, directly or indirectly, by
any material that you download or obtain through the
Site or other Offerings. We may not be held liable for
any damages or harm attributable to viruses or other
destructive materials.
We make no representations or warranties regarding independent
distributor web sites, including warranties of merchantability
or fitness of purpose. You should not rely on any representations
or warranties contained on any independent distributor
web sites.
The Company must approve any additional warranties in
writing. You agree not to hold us, our officers, directors,
employees, agents, designees, representatives, independent
distributors, or our suppliers liable for any direct,
indirect, incidental, special, consequential or exemplary
damages (including, for example, damages for loss of
profits, loss of goodwill, and loss of data), even if
we have been advised that such losses may occur, which
result from: your inability to access your registration
data at any time; your participation as an Dr. Christopher
Independent Distributor; your use or inability to use
the Site or your purchase or use of other Offerings;
unauthorized access to or alteration of your transmissions
or data; or the acts of any third party related to the
Site or other Offerings. You hereby waive any claims
with respect thereto, whether based on contractual,
tort or other grounds, even if we have been advised
of the possibility of such damages. Depending on the
applicable jurisdiction, some of the limitations contained
in thisSection may not apply to you.
You agree to indemnify, defend and hold us, our officers,
directors, employees, agents, designees, independent
Distributors and representatives harmless from and against
any and all claims, damages, losses, costs (including
reasonable attorneys’ fees) or other expenses that
arise directly or indirectly out of or in any way related
to:
your acts or omissions in connection with the Site
or other Offerings;
the acts or omissions of any person in connection with
the Site or other Offerings using your account;
your purchase or use of the Site or other Offerings
and the purchase or use of the Site or other Offerings
by any person using your account;
breach of any provision of this Agreement;
any allegation that any materials submitted to us, transmitted
to us or through the Site or other Offerings infringe
or otherwise violate the copyright, trademark, trade
secret or other intellectual property or other rights
of any third party; and/or
violation of the rights of any party, including without
limitation any claims of libel, defamation, violation
of rights of publicity, trespass, and infringement of
intellectual property or other proprietary rights.
If we make a claim for indemnification, you agree to
seek and receive written permission from us before agreeing
to settle any claim or action.
At any time and for any reason, we may terminate your
use of and access to the Site or other Offerings. At
any time and for any reason, we may modify or discontinue
providing the Site or other Offerings, or any part thereof,
with or without notice to you. No notice is required
to effect any termination right of any party. You shall
not hold us responsible or liable for any direct, indirect,
incidental, special, consequential or exemplary damages
due to our modification or discontinuation of the Site
or other Offerings or our termination of your access
to the Site or other Offerings.
If you choose to access the Site or other Offerings
from locations outside of the United States, you are
responsible for compliance with local laws if, and to
the extent that, such local laws are applicable.
All software used on the Site or other Offerings is
subject to U.S. export controls. No such software may
be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table
of Deny Orders. By downloading or using any such software,
you represent and warrant that you are not located in,
under the control of, or a national or resident of any
such country or on any such list.
We reserve the right, in our sole discretion, to limit
the availability of the Site or other Offerings to any
person, geographic area or jurisdiction at any time.
The laws of the State of California apply to this Agreement
(without regard to California’s conflict of law
principles). Any dispute between you and us must be
brought before state or federal courts located in Los
Angeles County, California. If a court finds a portion
of this Agreement unenforceable, the rest of this Agreement
will continue to apply. This is the entire Agreement
between you and us relating to the Site or other Offerings
and this Agreement replaces all prior written or oral
agreements that may have existed between us. You cannot
transfer your rights or obligations under this Agreement
to anyone without our written permission. Our failure
to enforce any provision of this Agreement does not
waive our right to enforce the same provision in the
future. The headings contained in this Agreement are
for informational purposes only, but are not, themselves,
enforceable provisions of this Agreement.
Last Revised on March 18, 2005.
© 2006. Dr. Christopher. All Rights Reserved
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