TERMS OF USE

www.drberndfriedlander.com

Latest Update:  5-29-2013

PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE

This site is brought to you by Bemd Friedlander, LLC.  Bernd Friedlander, LLC is the provider of Dr. Bernd Friedlander™ health supplements and other products.

These Terms and Conditions govern your access and use of www.drberndfriedlander.com and the purchase and use of products and services made available from time to time on the site by Bernd Friedlander, LLC.  Please review these Terms and Conditions carefully and check back periodically to see if there have been any changes. You acknowledge and agree that each time you proceed to access and use this site, you will abide by these Terms and Conditions.

Your act of proceeding to access and use this site shall constitute an “electronic signature” indicating your agreement to these Terms and Conditions for all access and use of the site.  See the Section below entitled “Electronic Signature and Consent to Electronic Records.”

If at any time you do not agree these Terms and Conditions, please exit the site and do not proceed to access and use the site.

The information, products and services made available by Bernd Friedlander, LLC are not intended for use in the diagnosis or treatment of any health condition or as a substitute for consulting a licensed healthcare professional.  The products have not been evaluated by the Food and Drug Administration, and Bernd Friedlander, LLC does not represent, warrant or guarantee that any of its products or services will diagnose, treat, cure, mitigate, or prevent any medical condition or disease.

Privacy Policy

Bernd Friedlander, LLC respects your privacy. Please review our Privacy Policy posted on the site, which are incorporated in these Terms and Conditions by this reference. Bernd Friedlander, LLC reserves the right to monitor and investigate all use of this site for violations of law and/or violations of these Terms and Conditions without notice to you.

Limited Right to Access and Use Site

You may access and use www.drberndfriedlander.com only for the lawful commercial purposes intended by Bernd Friedlander, LLC. Any unauthorized access or use of any portion of this site, its content, data, networks, or interference with any operation of the site, or interception of any communication from or to the site, or any attempt to do one or more of these or other unauthorized or unlawful acts -- is strictly prohibited.

Purchase Terms and Restrictions – Authorized Resellers Only

Bernd Friedlander, LLC sells products and services to qualified resellers only who may resell Bernd Friedlander, LLC products to their customers (“Resellers”).

To become an authorized Reseller, the prospective reseller must register and present a resale certificate or other documentation as may be required by Bernd Friedlander, LLC for approval. You agree that all information provided to Bernd Friedlander, LLC will be complete, accurate and truthful.  Bernd Friedlander, LLC reserves the right to refuse to authorize a prospective reseller in Bernd Friedlander, LLC’s sole and absolute discretion with or without reason stated.

Authorized Resellers shall log in and purchase Dr. Bernd Friedlander™ products as made available through this site. Special order purchases outside of the site may be made only upon written request and prior approval of Bernd Friedlander, LLC, which may be approved or disapproved it Friedlander, LLC’s sole discretion.

All business transactions, including but not limited to product and service offerings, orders and purchases, applications, registrations and other activities made available via www.drberndfriedlander.com shall be subject to these Terms and Conditions, our Privacy Policy and all such other specific terms and conditions as are expressly set forth on the site, in price lists and sales and advertising materials, as provided from time to time by Bernd Friedlander, LLC.  All wholesale prices are in United States dollars and effective only within the United States. All prices are subject to taxes, shipping and handling charges.

Terms of payment are within Bernd Friedlander, LLC's sole discretion, and unless otherwise agreed to by Bernd Friedlander, LLC, payment must be received by Bernd Friedlander, LLC or its agents prior to its acceptance of an order. Payment for the products shall be made by credit card.

Orders are not binding upon Bernd Friedlander, LLC or its agents. Bernd Friedlander, LLC reserves the right to refuse or cancel any order, in whole or in part, at our sole and absolute discretion, with or without cause stated, without liability except for the refund of any respective purchase payment received.  Bernd Friedlander, LLC or our agents shall use reasonable efforts to contact the Reseller should any portion of an order be canceled or if additional information is required to accept the order.

Title to purchased product passes from Bernd Friedlander, LLC to Reseller upon shipment from Bernd Friedlander, LLC or its agents.

Resellers agree to notify and keep Bernd Friedlander, LLC up to date of any change to personal information and, if applicable, any change to resale certification that may have a material effect on Reseller’s qualification to conduct business with, purchase products from, or resell Bernd Friedlander, LLC products.

Bernd Friedlander, LLC reserves the right to limit, suspend and/or terminate access and use of the www.drberndfriedlander.com site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as Bernd Friedlander, LLC may decide in its sole discretion.

Bernd Friedlander, LLC reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as Bernd Friedlander, LLC may decide in its sole discretion, without liability.

RESELLER REPRESENTATIONS

Resellers shall not make separate representations and warranties related to Bernd Friedlander, LLC products or services without prior written consent from Bernd Friedlander, LLC.

Bernd Friedlander, LLC reserves the right to approve or disapprove any and all marketing materials used by Resellers in connection with the Dr. Bernd Friedlander products.  Any such approval shall not constitute a conveyance or transfer of ownership of any right, title or interest in the intellectual property owned by Bernd Friedlander, LLC,

Reseller Private Labeling

Bernd Friedlander, LLC may consider on an individual basis a Reseller’s use of a private label on products purchased from Bernd Friedlander, LLC, but nothing shall obligate or require Bernd Friedlander, LLC to agree to this practice.  Reseller represents that it shall not use a private label without prior written approval of Bernd Friedlander, LLC.  To the extent any Reseller desires to use a private label, Bernd Friedlander, LLC requires Reseller to submit the proposed label for approval; such approval may be granted or withheld at Bernd Friedlander, LLC’s sole and absolute discretion with or without reason stated.  In the event a proposed label is approved by Bernd Friedlander, LLC, Reseller shall furnish the approved label to Bernd Friedlander, LLC for product labeling purposes.

PURCHASE, USE AND RESALE AT YOUR OWN RISK

RELEASE AND INDEMNIFICATION FOR PRODUCT USE

AS A CONDITION OF PURCHASE, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BERND FRIEDLANDER, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO PATIENTS OR OTHERS) ARISING FROM OR RELATED TO THE RESALE, APPLICATION OR USE (OR MISUSE) OF ANY BERND FRIEDLANDER, LLC PRODUCTS PRESCRIBED BY YOU OR PROVIDED BY YOU TO ANOTHER.

RETURNS AND EXCHANGES

Reseller may return any damaged or nonconforming product with the accompanying receipt within thirty (30) days of purchase and receive replacement product.  Due to the nature of our items, we cannot take back for return or exchange any items which have not been damaged in shipping.  Shipping and handling charges will not be refunded and under no circumstance will we pay freight back to our facility for credits, returns, or exchanges.

 
Please contact Customer Service at answers@drberndfriedlander.com before returning product for return instructions.  DO NOT RETURN ANY PRODUCT BEFORE COMPLYING WITH THIS PROCEDURE.  Refunds cannot be processed without a copy of the receipt that has been scanned and emailed to answers@drberndfriedlander.com.

If you have any questions or concerns, contact Customer Service at answers@drberndfriedlander.com.

Disclaimers of Warranties

except as expressly SET FORTH IN WRITING BY BERND FRIEDLANDER, LLC, THIS SITE, THE CONTENTS OF THIS SITE and ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERND FRIEDLANDER, LLC EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THIS SITE AND ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT.

Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.

except as expressly stated by Bernd Friedlander, LLC, Bernd Friedlander, LLC expressly disclaims all representations and warranties relating to PRODUCT DESCRIPTIONS AND INGREDIENTS, RECOMMENDATIONS OF HEALTHCARE PROFESSIONALS, AND PRODUCT USE, SAFETY AND/OR EFFECTIVENESS.

Despite commercially reasonable efforts:

1. Bernd Friedlander, LLC does not warrant that the access, use, function or operation of this site will be uninterrupted or error-free, that defects will not exist or be corrected, or that this site or its servers will be completely free of all viruses or other harmful elements; and
2. Bernd Friedlander, LLC does not warrant that the information accessible on this site is accurate, complete, and current or error free.

Limitation of Liability; Liquidated Damages

to the MAXIMUM EXTENT PERMITTED BY LAW, Neither Bernd Friedlander, LLC nor its officers, directors, employees, shareholders, representatives, AGENTS, affiliates, sponsors, vendors or any other party involved in providing this site, its content and products and services shall be liable for any CONSEQUENTIAL DAMages or losses of any kind, including without limitation, direct, indirect, special, incidental, punitive or otherwise, arising out of or related to the access, use of (OR INABILITY TO access or USE) this site or any product or service made available via this site BY BERND FRIEDLANDER, LLC OR ITS BUSINESS AFFILIATES.

Bernd Friedlander, LLC assumes no liability and shall not be liable for loss of data, income or profit, loss of or damage to property, personal injury, loss of consortium, and claims of third parties. 

In the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall Bernd Friedlander, LLC’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CAUSE OF ACTION OR one hundred dollars ($100), WHICHEVER IS GREATER.

Ownership

Site and Content.  This site and its contents belong exclusively to Bernd Friedlander, LLC, its agents, sponsors, business affiliates and their respective licensors.  This site and its contents are protected by U.S. and International copyright laws.  Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this site, in whole or in part, is strictly prohibited.  You may copy limited content from this site for public, commercial use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

Trademarks.  The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively "Trademarks") displayed on this site belong to Bernd Friedlander, LLC, its sponsors, business affiliates and their respective licensors or other owners.  Nothing contained on this site shall be construed as granting or conveying any interest, license or right to use or own any Trademark.  Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.  You shall not register any domain name that contains or is confusingly similar to any of the Trademarks.

Submissions.  Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to Bernd Friedlander, LLC at this site, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of Bernd Friedlander, LLC.  Bernd Friedlander, LLC is free to dispose, reproduce and/or use any Submission without restriction, for any purpose whatsoever, including but not limited to, developing, manufacturing, advertising, marketing and sale of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that Bernd Friedlander, LLC's use of the Submission (as submitted) will not violate any third party's rights. Bernd Friedlander, LLC is under no obligation to accept, respond to or use any Submission.

Linking to Third Party Sites

As a matter of convenience to visitors, this site may contain links to other third party sites (i.e., sites not owned or controlled by Bernd Friedlander, LLC), which may be subject to third party terms and conditions of use.  No link to another site shall imply any endorsement or sponsorship of the third party site, its owner or operator, or any products or services.  Bernd Friedlander, LLC is not responsible for the content of or any links contained on any other site.  Your access and use of any other site is entirely at your own risk.  Under no circumstances will Bernd Friedlander, LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other site.

Linking to this Site

Bernd Friedlander, LLC does not generally object to links to the home page of www.drberndfriedlander.com from third party sites. However, absent an express written agreement to the contrary, all third party links to the home page of this site must be in accordance with the following terms and conditions. A third party link may only link to the home page of this site using the plain text version of the Bernd Friedlander, LLC name (“Bernd Friedlander, LLC”) or the plain text version of the site name (“www.drberndfriedlander.com”).  No content from this site may be incorporated into the third party site by any means (e.g., by in-lining or framing); (b) No Trademark of Bernd Friedlander, LLC may be used as any "metatag," “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select sites or pages.  Bernd Friedlander, LLC will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful sites, or any site that may adversely affect the name, reputation and goodwill of Bernd Friedlander, LLC and its products, as Bernd Friedlander, LLC shall determine in its sole discretion.  Bernd Friedlander, LLC reserves the right to cancel permission to link to this site at any time, for any reason, in its sole discretion.

Jurisdictional Issues

The Bernd Friedlander, LLC product and service offerings, promotions, materials, and content appearing on this site are intended for customers located in the United States only. Bernd Friedlander, LLC makes no representation that products, services, promotions, materials, offers, information and other content on this site are appropriate or available for purchase and use in locations outside the United States.

Governing Law

These Terms and Conditions will be governed and construed in accordance with the laws of the State of California without regard to conflict of laws principles.  You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this site or any product or service offerings in connection with this site will be brought only in a court of competent jurisdiction located in San Mateo County, California.

Complete Agreement; Severability; Amendments; Waiver; Headings

These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the site, in price lists, and in sales and advertising materials) represent the entire understanding between you and Bernd Friedlander, LLC regarding the access and use of this site, its content and related products and services.  Unless expressly agreed to in a signed writing by Bernd Friedlander, LLC, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and Bernd Friedlander, LLC or its representatives, affiliates, sponsors and vendors.

Severability.  Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

Amendments.  Bernd Friedlander, LLC reserves the right to revise the content and information of the site, these Terms and Conditions, or any part thereof, without notice, by merely updating the site and this posting, respectively.

Waiver.  No term or condition may be waived by any party except in writing signed by the party to be bound.

Headings.  The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

Electronic Signature and Consent to Electronic Records

“Electronic signature” means an electric sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.

“Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the site for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.

Withdrawing Consent: If you wish to withdraw your consent to the use of electronic records, you may delete your account or contact us at the “Contact Us” address provided below.

IMPORTANT:  Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this site that require the completion or formation of an electronic record.

Updating Your Account:  If you wish to update your electronic records, please log into your account and change your information or contact us at the “Contact Us” address provided below.

Printed Copy:

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the site and printing from the site.

You acknowledge that you have the opportunity and capability to print and store electronic communications ("email") and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to the Bernd Friedlander, LLC site.

To obtain a printed copy of an electronic record, please contact us at the “Contact Us” address provided below. We will accommodate all reasonable requests for a printed copy of electronic records. Bernd Friedlander, LLC reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.

Contact Us:  You can contact us Bernd Friedlander, LLC at answers@drbfriedlander.com or by writing us at:

Customer Service

Bernd Friedlander, LLC

205 De Anza Blvd., #91

San Mateo, CA  94402