Terms of Use
Welcome to dremilyparke.com (“this Site”). To clarify the relationship between EJP Functional Medicine Consulting LLC and Dr. Emily Parke (‘we” or “us”) and the visitors of this Site, we have set out the following Terms and Conditions of Use. When you visit, use, or purchase products at this Site, you agree to and accept the following terms and conditions. You may not visit, use, or purchase products from this Site if you do not agree to the following terms and conditions.
YOUR INFORMATION
In using this Site (e.g., when purchasing products or opening an account), you may be asked to provide information about yourself. When that occurs, you agree to provide information about yourself that is true, accurate, and non-misleading. For details on how your information is used and protected, please see our Privacy Policy page. If we have reasonable grounds to suspect that the information you provide to us is false, inaccurate, or misleading, we may terminate your account and bar all current and future use of the Site. We reserve the right to bar or suspend, solely at our discretion, your access to the Site without notice. You agree that we shall not be liable to you or any third party for termination of your access to the Site.
COMMUNICATIONS
When you visit this Site or send a-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY
Copyright: The content on this Site is the property of EJP Functional Medicine Consulting and Dr. Emily Parke, its content suppliers, or the attributed authors of such content. All such content is protected by United States and international copyright laws. The compilation of all content on this Site is the property of EJP Functional Medicine Consulting and Dr. Emily Parke and protected by U.S. and international copyright laws. Trademarks: EJP Functional Medicine Consulting and Dr. Emily Parke and other marks indicated on this Site are registered trademarks of EJP Functional Medicine Consulting and Dr. Emily Parke in the United States and other countries. All www.dremilyparke.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of EJP Functional Medicine Consulting and Dr. Emily Parke. All such trademarks and trade dress may not be used in connection with any product or service that does not belong to EJP Functional Medicine Consulting and Dr. Emily Parke, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EJP Functional Medicine Consulting and Dr. Emily Parke or this Site. All other trademarks not owned by EJP Functional Medicine Consulting and Dr. Emily Parke that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EJP Functional Medicine Consulting and Dr. Emily Parke.
LICENSE AND SITE ACCESS
EJP Functional Medicine Consulting and Dr. Emily Parke grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EJP Functional Medicine Consulting and Dr. Emily Parke. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EJP Functional Medicine Consulting and Dr. Emily Parke without written consent. You may not use any metatags or any other “hidden text” utilizing EJP Functional Medicine Consulting and Dr. Emily Parke name or trademarks without the written consent of EJP Functional Medicine Consulting and Dr. Emily Parke. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Site as long as the link does not portray EJP Functional Medicine Consulting and Dr. Emily Parke or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EJP Functional Medicine Consulting and Dr. Emily Parke logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
You agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This Site does not sell products to children. Rather, this Site sells products to adults, who can purchase with a credit card. If you are under age 18, you may use this Site only with involvement of a parent or guardian. EJP Functional Medicine Consulting and Dr. Emily Parke reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to this Site may post reviews and comments, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In posting comments, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your comment. If you do post comments on or submit material to this Site, and unless we indicate otherwise, you grant EJP Functional Medicine Consulting and Dr. Emily Parke a non exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EJP Functional Medicine Consulting and Dr. Emily Parke the right to use the name that you submit in connection with such content, if it chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EJP Functional Medicine Consulting and Dr. Emily Parke for all claims resulting from content you supply. EJP Functional Medicine Consulting and Dr. Emily Parke does not regularly review posted content and disclaims any obligation or responsibility to do so. However, it reserves and maintains the right to remove such content at its sole discretion. EJP Functional Medicine Consulting and Dr. Emily Parke takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.
DISCLAIMER AS TO ALL HEALTH INFORMATION PROVIDED
The information provided by this Site is designed to help facilitate communication between you and your healthcare provider. Information provided on this Site is not a substitute for professional medical advice. Do not use this information for diagnosing or treating a health problem or disease, or prescribing of any medications or supplements. Only your healthcare provider should diagnose your healthcare problems and prescribe treatment. We do not endorse, warrant, or recommend any of the statements made on the Site, and specifically do not guarantee the accuracy of the statements made. None of our statements or information, including health claims, articles, advertising or product information have been evaluated or approved by the United States Food and Drug Administration (FDA). The products or ingredients referred to on this Site are not intended to diagnose, treat, cure or prevent any disease. Please consult your healthcare provider before starting any supplement, diet or exercise program, before taking any medications or receiving treatment, particularly if you are currently under medical care. Make sure you carefully read all product labeling and packaging prior to use. If you have or suspect you may have a health problem, do not take any supplements without first consulting and obtaining the approval of your healthcare provider. California Consumers – Proposition 65 requires sellers to notify California consumers of substances that are in many foods, plants, herbs and supplements with the following warning. WARNING: These products contain chemicals known to the State of California to cause birth defects or other reproductive harm.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EJP Functional Medicine Consulting and Dr. Emily Parke MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EJP Functional Medicine Consulting and Dr. Emily Parke DISCLAIMS ALL WARRANTIES, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT BE HELD RESPONSIBLE FOR TYPOGRAPHICAL, SYSTEM OR APPLICATION ERRORS. FLATIRON FUNCTIONAL MEDICINE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EJP Functional Medicine Consulting and Dr. Emily Parke ARE FREE OF CORRUPTED DATA, COMPUTER, VIRUSES, OR OTHER HARMFUL COMPONENTS. FLATIRON FUNCTIONAL MEDICINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO VERBAL OR WRITTEN STATEMENTS BY NUTRITION www.dremilyparke.com WILL CREATE ANY WARRANTY NOT DEFINED HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THOSE STATES, HOWEVER, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
APPLICABLE LAW
EJP Functional Medicine Consulting and Dr. Emily Parke controls this Site from within the United States. We make no representation that the content of the Site is appropriate or available for use in all locations. Access to the Site from territories where the content is illegal is prohibited. By using, visiting, or shopping at this Site, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and EJP Functional Medicine Consulting and Dr. Emily Parke.
DISPUTES
Any dispute between you and EJP Functional Medicine Consulting and Dr. Emily Parke – including any dispute relating to your use of, visit to, and purchase of products from this Site – shall be submitted to binding arbitration. Such arbitration shall be confidential, subject to the rules of the American Arbitration Association, and venued in Phoenix, Arizona. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, you agree to proceed in arbitration in your individual capacity, and not as a plaintiff, class member, or private attorney general in any purported class, representative, or private attorney general proceeding. Further, the arbitrator(s) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, those terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
