Terms and Conditions
Below are the TERMS and CONDITIONS Dr Shelly Sethi PLLC offers you access to our website. If you do not agree to be bound by the terms and conditions of this user agreement, do not use or access our website, goods and/or services. You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use Dr Shelly Sethi PLLC website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Dr Shelly Sethi PLLC (DBA Dr Shelly Sethi) a Texas Corporation (hereinafter referred to as “Dr Shelly Sethi” “We,” or “Us”). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. This Agreement may not be otherwise amended except in a writing signed by you and Shelly Sethi DO. This Agreement is effective as of January 1, 2014.
PART 1: HEALTH DISCLAIMER
The views and nutritional advice expressed by Shelly Sethi, DO is not intended to be a substitute for conventional medical service. Purchasing a product, program or wellness coaching does not establish a doctor patient relationship with Shelly Sethi, DO or any of our Physicians or Registered Dietician/ Nutritionist. If you have or suspect that you have a medical problem, promptly contact your health care provider. We do not claim to “cure” disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself. No material or product on this website is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. We suggest that you continue to work with qualified medical professional as you engage in our material, products and services. No information offered here, or product sold on this website, should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent or cure any disease or condition. For any products and/or services purchased from Shelly Sethi, DO you should carefully read all product packaging and instructions. While the information on this website, and the products sold on it, are discussed in the context of numerous conditions, it can be dangerous to start any health program without first consulting your physician. Information and statements regarding products and/or services made available by Shelly Sethi, DO have not been evaluated by the Food and Drug Administration. Shelly Sethi, DO products and services are not intended to diagnose, treat, cure or prevent any disease.
It is advised to consult with your physician before purchasing any product, service material from Shelly Sethi, DO particularly if you are pregnant or nursing, have cancer, have active or a history of liver disease, kidney disease or iron storage disease, are on medications for hypertension, mental illness or diabetes. Do not purchase products that contain ingredients to which you are allergic or have a known sensitivity. If you are purchasing one of our programs or cleanses we highly recommend that you use a back-up method of birth control in addition to the birth control pill.
PART 2: USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
PART 3: PAYMENT
Customer agrees to compensate Shelly Sethi, DO for any goods or services ordered through this website at the original purchase price. Ex. promotions, distributors, etc.
PART 4: LIABILITY LIMIT
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Shelly Sethi, DO liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars. Customer acknowledges that this limitation of liability is part of the consideration of this agreement, and was specifically included by Shelly Sethi, DO in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Shelly Sethi, DO products may be brought by you or Shelly Sethi, DO more than one (1) year following the event which gave rise to the cause of action.
PART 5: INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO SHELLY SETHI, DO, AS WELL AS HOLD THE SHELLY SETHI DO HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH THE CLEAN PROGRAM CORP. MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM AMY MYERS MD PA SOLE OR COMPARATIVE NEGLIGENCE.
PART 6: LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
PART 7: NOTICES
Except as explicitly stated otherwise, any notices shall be given by certified postal mail, return receipt requested, to Shelly Sethi, DO 5656 Bee Caves Road, Suite D 203, Austin, Texas 78746. Notice shall be deemed given three (3) days after the date of mailing.
PART 8: ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Shelly Sethi, DO to collect our fees and/or recover damages for, or to obtain an injunction relating to, Shelly Sethi, DO website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Austin, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Shelly Sethi, DO may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect the rights or property of Shelly Sethi, DO pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
PART 9: MISCELLANEOUS
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
This Agreement shall be subject to and governed by the laws of the State of Texas, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Shelly Sethi, DO of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
PART 10: PRIVACY & SECURITY
Shelly Sethi, DO is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement. Our web site is designed with precautions to protect usersʼ information. Customer information is appropriately protected in-house as well as online. Sensitive information (such as a credit card account number) is protected by encryption. While on a secure page, such as an order form, the lock icon at the bottom of a webpage becomes locked, rather than open (or unlocked) as when the user is simply “surfing” the Web. In addition, access to users’ information is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
PART 11: RETURNS & REFUNDS
Purchases can be made in-office or online. These are two separate inventories, and it’s important to follow the instructions below to ensure you return your purchase to the proper place:
All returns for in-office purchases must be made or mailed to our office, located at:
Shelly Sethi, DO
4201 Marathon Blvd.
Austin, TX 78756
Supplements (except for probiotics) and body products that are unopened and in their original condition may be returned for any reason within 30 days of purchase and will be refunded in full minus a 15% restocking fee. Any sales tax paid will be refunded in full. Refunds will be issued once we receive the returned products. Unfortunately there is no refund for original shipping costs. Currently we are not able to process international returns.
Often we sell supplements in a bundle as a “Wellness Package” and offer a discount. The entire package (if it contains supplements only) may be returned for any reason within 30 days of purchase and will be refunded in full minus a 15% restocking fee provided that the supplements are unopened and in their original condition. Shipping fees cannot be refunded. Partial Wellness Packages (ie individual supplements or parts of a Wellness Package) may not be returned. Packages that contain probiotics may not be returned.
eCourses and eBooks are final sale.