Terms and Conditions
Welcome to the DrMiller.com website (the "DrMiller.com Site"), a website owned and operated by Dr. Miller, MD ("DrMiller.com")
The terms and conditions stated below, along with the policies and guidelines located throughout the DrMiller.com Site (collectively herein the "Terms of Use") identify what users of the DrMiller.com Site (each a "User") can expect from DrMiller.com, DrMiller.com Providers (as defined below) and the DrMiller.com Site and what we expect from Users. By visiting any area on the DrMiller.com Site or making a purchase via the DrMiller.com Site, a User is deemed to have accepted the Terms of Use.
USAGE: Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment.
CONTENT: Proprietary Rights: User acknowledges that the DrMiller.com Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DrMiller.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content: DrMiller.com is a distributor and not a publisher of some Content supplied by third parties and Users. DrMiller.com has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of DrMiller.com or any DrMiller.com Provider, unless expressly stated otherwise. Neither DrMiller.com nor any DrMiller.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the DrMiller.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either DrMiller.com or any DrMiller.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the DrMiller.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the DrMiller.com Site.
PRICES: The price for an item on the DrMiller.com Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the DrMiller.com Site. If the price for the item on the DrMiller.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of DrMiller.com, DrMiller.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by DrMiller.com. Any purchases from any third-party sellers on the DrMiller.com Site (e.g., sellers of products provided by other authors) may be subject to different policies in the event of an incorrectly priced item.
RISK OF LOSS: The risk of loss and title for all items purchased via the DrMiller.com Site pass to the User upon delivery of the item to the carrier.
AGE OF USERS: DrMiller.com does not intend the DrMiller.com Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). DrMiller.com relies upon Guardians to determine if any Content or items available on the DrMiller.com Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the DrMiller.com Site only under the supervision of Guardian.
INDEMNITY: User agrees to indemnify and hold each DrMiller.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.
ACCOUNT SECURITY AND PASSWORD: Every User that has an account on the DrMiller.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her DrMiller.com account using an old e-mail address, such User will not receive messages from DrMiller.com about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's DrMiller.com account.
NOTICES: User consents to receive electronic communications from DrMiller.com, whether addressed to the e-mail address associated with such User's DrMiller.com account or posted on the DrMiller.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this DrMiller.com Site satisfies any legal requirement that such communications be made in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY: THE DRMILLER.COM SITE IS PROVIDED BY DRMILLER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WITHOUT LIMITING THE FOREGOING, NO DRMILLER.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE DRMILLER.COM SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE DRMILLER.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE DRMILLER.COM SITE; OR (IV) THAT THE DRMILLER.COM SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF DRMILLER.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
DRMILLER.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE DRMILLER.COM SITE OR ANY RELATED SERVICES. THE OPERATION OF THE DRMILLER.COM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DRMILLER.COM.
UNDER NO CIRCUMSTANCES SHALL ANY DRMILLER.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DRMILLER.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE DRMILLER.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DRMILLER.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE DRMILLER.COM SITE.
NO DRMILLER.COM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE DRMILLER.COM SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH DRMILLER.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
SEVERABILITY: The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
APPLICABLE LAW; JURISDICTION: The DrMiller.com Site is created and controlled by DrMiller.com in the State of California. The laws of the State of California will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of DrMiller.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Nevada County, California and waives any objection to the laying of venue of any litigation in said courts.
DISPUTE RESOLUTION: For any claim or controversy at law or equity that arises out of the Terms of Use, the DrMiller.com Site or any DrMiller.com service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or DrMiller.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Nevada County, California or in the United States county where the defendant is located (in the case of DrMiller.com, Nevada County, California, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Nevada County, California).
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
ACKNOWLEDGMENT: The Terms of Use, including all documents referenced herein, represents the entire understanding between User and DrMiller.com regarding User's relationship with DrMiller.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the DrMiller.com Site or making a purchase via the DrMiller.com Site, a User is deemed to have accepted the Terms of Use.
MODIFICATION: DrMiller.com reserves the right to make changes to the DrMiller.com Site, posted policies and Terms of Use at any time without notice. These terms and conditions were last revised on August 1, 2008.
