Terms of Service

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES, WITH THE DELAY OR INABILITY TO USE THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XOOMA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DARRELLSWELLNESS.COM AND DIABETICWITHOUTDIABETES.COM WEB SITES.

TERMINATION/ACCESS RESTRICTION

DarrellsWellness.com and DiabeticWithoutDiabetes.com reserve the right, in their sole discretion, to terminate your access to the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Sites and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Spokane, Washington, U.S.A. in all disputes arising out of or relating to the use of the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Sites. Use of the DarrellsWellness.com and/or DiabeticWithoutDiabetes.com Web Sites are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DarrellsWellness.com and/or DiabeticWithoutDiabetes.com as a result of this agreement or use of the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Sites. DarrellsWellness.com and DiabeticWithoutDiabetes.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DarrellsWellness.com and DiabeticWithoutDiabetes.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Sites or information provided to or gathered by DarrellsWellness.com and DiabeticWithoutDiabetes.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DarrellsWellness.com and DiabeticWithoutDiabetes.com with respect to the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DarrellsWellness.com and DiabeticWithoutDiabetes.com with respect to the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the DarrellsWellness.com and DiabeticWithoutDiabetes.com Web Site are: Copyright © 2016

DarrellsWellness.com, DiabeticWithoutDiabetes.com and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.


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