Terms and Conditions
Welcome to drberg.com (the “Website”), which is operated by The Health & Wellness Center, Inc. dba Dr. Berg Nutritionals (“Dr. Berg Nutritionals,” “we” or “us”). By using this Website, you agree to comply with these terms and conditions. These terms and conditions can change without notice by posting them to this Website. If you do not agree, please exit the Website immediately!
Disclaimer of Warranty
All content, materials, products, services, and information on this Website are given on an "as is" and "as available" basis without warranties of any kind, either said or implied. Neither Dr. Berg Nutritionals nor its affiliates, nor the directors, officers, employees, agents, contractors, successors, or assigns of each shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this Website's information or any other website linked to this Website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages you or others may suffer, as well as damages for lost profits, business interruption, or the loss of data or information, even if Dr. Berg Nutritionals is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.
Trademarks and Copyrights
You agree that all content appearing on the Website, including but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio sections, icons, digital downloads, data compilations, and computer software, are the sole property of Dr. Berg Nutritionals or its partners and suppliers, and are protected by United States and international copyright laws. All content on this Website is the exclusive property of Dr. Berg Nutritionals and protected by United States and international copyright laws. All software used on this site is the property of Dr. Berg Nutritionals and protected by United States and international copyright laws. Users are granted permission to browse and use the Website for information only. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property, or content from this Website is strictly prohibited.
Dr. Berg Nutritionals does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this site without the prior written consent of Dr. Berg Nutritionals. Registered and unregistered proprietary information is owned and held by Dr. Berg Nutritionals and therefore, you may be liable for infringement or misappropriation or other legal action if you misuse this Website in any form either mentioned or unmentioned.
Any third-party websites are independent of Dr. Berg Nutritionals, and Dr. Berg Nutritionals has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between Dr. Berg Nutritionals and another website further does not mean that Dr. Berg Nutritionals endorses that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions. Dr. Berg Nutritionals expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the factors from third-party websites.
This Website is for your personal, non-commercial only. You agree that you will not use this Website for any purpose including, but not limited to, advertising or selling products; to monitor, gather or copy content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other "hidden text" utilizing Dr. Berg's name, the Dr. Berg Nutritionals brand, or any trademarks of Dr. Berg Nutritionals. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website.
You agree that you are prohibited from posting or transmitting to the Website in any libelous, defamatory, obscene, inflammatory, pornographic, or profane way. Dr. Berg Nutritionals reserves the right to seek all remedies for violations of these terms and conditions.
Dr. Berg Nutritionals attempts to be as accurate as possible. However, Dr. Berg Nutritionals does not claim that any content of this Website is accurate, complete, reliable, current, or error-free.
Dr. Berg Nutritionals may, at its sole discretion, and with or without notice to you, make changes to or discontinue any aspect of this Website including, without limitation, any content, products, services, or prices offered through this Website.
By accessing, browsing, and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
You agree to hold harmless Dr. Berg Nutritionals, its affiliates, officers, employees, agents, licensors, and licensees from any damages, liabilities, costs, and expenses, including reasonable attorneys' fees, on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising with your use of this Website.
Enforceability and Governing Law
Your use of Dr. Berg Nutritionals is governed by the laws of the Commonwealth of Virginia, without regard to its law provisions. Any action against Dr. Berg Nutritionals arising from the use of the Website and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in Virginia.
You state that you are 18 years of age or older.
If you have any questions, please contact us at https://support.drberg.com/services or call us at 703-354-7336. We are open from 9:00am to 5:00pm Monday through Friday (EST).
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Dr. Berg Nutritionals mobile message program (the "Program") is operated by Dr. Berg Nutritionals. Your use of the Program constitutes your agreement to these terms and conditions (“Program Terms”). We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Program Terms at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to the Program, you agree to receive recurring SMS/text messages from and on behalf of Dr. Berg Nutritionals through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Program-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Dr. Berg Nutritionals. Your participation in this program is completely voluntary.
We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Program at any time. Text the single keyword command STOP to +18557171456 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Dr. Berg Nutritionals mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile message marketing program terms.
For Program support or assistance, text HELP to +18557171456 or email [email protected]
We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Program Dispute Resolution
General. In the interest of resolving disputes between you and Dr. Berg Nutritionals in the most expedient and cost effective manner, you and Dr. Berg Nutritionals agree that any dispute arising out of or in any way related to these Program Terms or your receipt of text messages from Dr. Berg Nutritionals or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Program Terms, or your receipt of text messages from Dr. Berg Nutritionals or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE PROGRAM TERMS, YOU AND DR. BERG NUTRITIONALS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE PROGRAM TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (1) above (“General”), nothing in these Program Terms will be deemed to waive, preclude, or otherwise limit the right of you or Dr. Berg Nutritionals to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or, (d) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Dr. Berg Nutritionals will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Program Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Dr. Berg Nutritionals. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice Process. If you or Dr. Berg Nutritionals intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Dr. Berg Nutritionals address for Notice is: 4501 Ford Avenue, Alexandria, Virginia 22302, Attn: Chief Executive Officer. The Notice must: (a) describe the nature and basis of the claim or dispute; and, (b) set forth the specific relief sought ("Demand"). You and Dr. Berg Nutritionals will make good faith efforts to resolve the claim directly, but if you and Dr. Berg Nutritionals do not reach an agreement to do so within 30 days after the Notice is received, you or Dr. Berg Nutritionals may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Dr. Berg Nutritionals must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If you commence arbitration in accordance with these Program Terms, Dr. Berg Nutritionals will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or, (c) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Dr. Berg Nutritionals for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Dr. Berg Nutritionals agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Dr. Berg Nutritionals made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND DR. BERG NUTRITIONALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dr. Berg Nutritionals agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Program Terms, if Dr. Berg Nutritionals makes any future change to this arbitration provision, other than a change to Dr. Berg Nutritionals address for Notice, you may reject the change by sending us written notice within 30 days of the change to Dr. Berg Nutritionals address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Dr. Berg Nutritionals.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (6) above (“No Class Actions” - addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Program Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Program Terms shall remain in full force and effect.
By submitting any content to the Website or otherwise to Dr. Berg Nutritionals, you represent and warrant that:
You are the sole author and owner of the intellectual property rights in the content and that the content will not violate, infringe upon, or misappropriate any third party’s rights, including but not limited to intellectual property rights, rights of publicity, or rights of privacy;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate, constitute factual statements that you know and can be proven or verified, and that any opinions in such content are freely and honestly held by you and will reflect your personal experiences and beliefs;
To the extent you are compensated or granted any consideration, including discounts, free products, or anything else of value (regardless of if monetary), you will clearly disclose such compensation or any other relationship to Dr. Berg Nutritionals in the content;
You are at least 18 years old; and,
You further agree that you may not submit any content:
That is known by you to be false, inaccurate, or misleading;
That infringes any third-party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;
For which you were compensated or granted any consideration by any unapproved third party;
That includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;
That contains any computer viruses, worms, or other potentially damaging computer programs or files.
You agree to indemnify and hold Dr. Berg Nutritionals (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, including but not limited to Bazaarvoice, Inc.) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Dr. Berg Nutritionals a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. The foregoing right and license shall also apply with respect to your name, location, photograph, and any other identifying information provided by you at the time you submit the content to the Website or provided by you at any point in the future with respect to such content.
THE DIETARY PRODUCTS MAY NOT HAVE UNDERGONE EVALUATION AND/OR TESTING BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THE RECOMMENDATION OF THIS PROGRAM IS NOT DESIGNED TO TREAT, PREVENT OR CURE MEDICAL DISEASES. BEFORE UNDERTAKING ANY RECOMMENDATIONS OR CHANGES IN DIET OR EXERCISE WITHIN, CONSULT WITH YOUR PHYSICIAN.
DR. ERIC BERG DC IS NOT A MEDICAL DOCTOR – HE IS A CHIROPRACTOR. DR. ERIC BERG DC AND DR. BERG NUTRITIONALS DOES NOT DIAGNOSE OR TREAT MEDICAL AILMENTS OR DISEASES. THIS PROGRAM IS DESIGNED FOR EDUCATIONAL BENEFITS
ONLY. ANY TESTIMONIALS REFERRED TO IN THIS WEBSITE WERE VOLUNTEERED BY THE MAKERS WITHOUT AN OFFER OF COMPENSATION. THE RESULTS REFERRED TO IN TESTIMONIALS MAY NOT BE TYPICAL AND OTHERS' RESULTS MAY VARY.