DISCLAIMER
The information on this website is not intended to treat, diagnose, cure or prevent any disease or medical or psychological or psychiatric disorder. This information is not intended as a substitute for the advice or medical care of a qualified health care professional and you should seek the advice of your health care professional before undertaking any dietary or lifestyle changes. The material provided on this website is for educational purposes only.
This website is operated by Dr. Melissa McCreery, LLC, and throughout the site, the terms “we”, “us” and “our” refer to this entity. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service and the included Disclaimer carefully, as well as Privacy Policy before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, our Privacy Policy, our Refund Policy and any other terms and conditions that may apply to specific sections of the site or to products and services available through the site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You agree that by using this website that you are at least 18 years of age, or are visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- USE OF THIS WEBSITE
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these website for your personal use. This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Articles, videos, audio files and all other information on this website may not be copied without permission. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content provided on this site, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ to any other person. By purchasing any eBook, product or program, you hereby acknowledge and agree to these terms.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of Dr. Melissa McCreery. Any unauthorized use terminates the permission or license granted by Dr. Melissa McCreery.
We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying and of our products, programs or services at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.
- NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these Terms. You may not use this website in any manner, which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
- NO MEDICAL ADVICE
The information contained on this website, or provided at your request, is provided for informational purposes only and is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical or health care advice. We do not market or sell products for the purposes of diagnosing, treating, curing or preventing any disease.
We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care or mental health practitioner. Information found or received through these websites should not be used in place of a visit with, call to, consultation or advice from a health care provider.
If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this website. Always speak with your physician or healthcare professional before using any treatment for a health problem.
Information provided on this website and the use by you of any products, programs or services referenced on this website DOES NOT create a doctor-patient or psychologist-patient relationship between you and Dr. Melissa McCreery.
The testimonials and reviews on this website are individual cases and do not guarantee that you will get the same results.
- PRODUCTS AND SERVICES
The products, programs and services made available on this website are intended for personal use only.
Other terms and conditions included on this website, including our Return Policy, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time, without notice. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- BILLING AND PAYMENT
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment for the products ordered through the website may be made through a valid credit card, debit card or other payment method offered through the website. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.
- RETURN POLICIES
Our Return Policy for Where Thin Begins can be found at https://toomuchonherplate.com/thin-begins-satisfaction-policy/
- ACCOUNTS
Some services on this website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality and security of that username and password, and are responsible for all activity on your account whether or not authorized. You also agree to promptly notify us at support@toomuchonherplate.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to these websites.
We may suspend or terminate your account and your ability to use this website or portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
- ELECTRONIC COMMUNICATIONS
When you use the website, or send e-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 the websites. 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.
- FORUMS / BLOG / SOCIAL MEDIA
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including private program membership areas, private Facebook group pages, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function. Additionally, “Forum” includes any other website page created by us, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying a Forum.
- Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
You are and shall remain solely responsible for the content you post on or through this website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. We market and sell various digital products and programs and services. These products and services are not intended to diagnose, treat, cure, or prevent any disease. Dr. Melissa McCreery, and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason.
We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
- INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to this website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on these websites, please provide Dr. Melissa McCreery’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at these websites, and information reasonably sufficient to permit Dr.Melissa McCreery to locate the material.
- Information reasonably sufficient to permit Dr. Melissa McCreery to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dr. Melissa McCreery’s agent for notice of claims of copyright or trademark infringement on these websites can be reached via email to: info@toomuchonherplate.com.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in its sole discretion, to terminate the account or access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.
- DISCLAIMERS AND LIMITATION OF LIABILITY
YOU ASSUME ALL RISK OF USING THIS WEBSITE AND THE PRODUCTS, PROGRAMS AND SERVICES OFFERED ON THIS WEBSITE. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THIS WEBSITE AND THE PRODUCTS, PROGRAMS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DR. MELISSA MCCREERY AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DR.MELISSA MCCREERY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DR. MELISSA MCCREERY DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MELISSA MCCREERY AND ITS THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR MATERIALS ON THE SITE, EVEN IF DR. MELISSA MCCREERY OR ITS THIRD PARTY SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. COPYRIGHT
The technology underlying, and the entire contents of this website, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Melissa McCreery, PhD LLC, and is protected by copyright and other intellectual property or proprietary rights.
- TRADEMARK GUIDELINES
All trademarked names and logos used on this website are owned by Melissa McCreery, PhD LLC. Dr. Melissa McCreery’s Trademarks are valuable assets and any unauthorized use of the Trademarks is strictly prohibited.
Do not use the Dr. Melissa McCreery’s Trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Dr. Melissa McCreery.
You may not place your name, trademarks, service marks, or product names next to (or combine them with) the Dr. Melissa McCreery’s Trademarks.
Domain Names, Meta tags, Hidden Text. You may not incorporate the Dr. Melissa McCreery Trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Dr. Melissa McCreery.
Internet Advertising Keywords. You may not use or incorporate the Dr. Melissa McCreery Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Dr. Melissa McCreery..
Contact Information
For any questions regarding the proper usage of the Dr. Melissa McCreery Trademarks, the proper notices, or to seek permission to use the Dr. Melissa McCreery Trademarks please contact Dr. Melissa McCreery at info@toomuchonherplate.com
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Melissa McCreery, PhD LLC. Parties, and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of these websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.
- PRIVACY
Registration Data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of these websites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- THIRD-PARTY LINKS
This website may link to websites operated by third parties (“Third Party Sites”). We have no control over these Third Party Sites, all of which have separate privacy and data collection practices, independent of our own, and we are not responsible for, nor do we endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Dr. Melissa McCreery. Neither Dr. Melissa McCreery nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Dr. Melissa McCreery neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Dr. Melissa McCreery representative while acting in his/her official capacity.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Dr. Melissa McCreery shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
- DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at info@toomuchonherplate.com. This Dispute Resolution and Arbitration; Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and us as defined below. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Please read this Provision carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “us”, “we”, “our” and “Dr. Melissa McCreery” means Dr. Melissa McCreery/Melissa McCreery, PhD LLC, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Dr. Melissa McCreery regarding any aspect of your relationship with Dr. Melissa McCreery whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Dr. Melissa McCreery’s licensors, suppliers, dealers or any third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give the Dr. Melissa McCreery an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Dr. Melissa McCreery at info@toomuchonherplate.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If any of the Dr. Melissa McCreery does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Dr. Melissa McCreery may initiate arbitration proceedings. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
Under no circumstances will class action procedures or rules apply to the arbitration.
Because this website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington. You hereby consent to binding arbitration in the State of Washington to resolve any disputes arising under this Terms of Use.
Class Action Waiver
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Dr. Melissa McCreery specifically agree to do so following initiation of the arbitration.
Jury Waiver
You understand and agree that by entering into this Agreement you and Dr. Melissa McCreery are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Dr. Melissa McCreery might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your account or other relationship with the Dr. Melissa McCreery. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dr. Melissa McCreery makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Dr. Melissa McCreery to adhere to the language in this Provision if a Dispute between you and the Dr. Melissa McCreery arises.
- APPLICABLE LAW
Your use of this website shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to its choice of law provisions.
- TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Dr. Melissa McCreery shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Dr. Melissa McCreery shall promptly issue a credit to your credit card or debit card account in the amount of the charge.
- TERMINATION
The provisions relating to Intellectual Property Infringement, Copyrights, Dr. Melissa McCreery Trademark Guidelines, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Class Action Waiver, Local Laws; Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.