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Terms and Conditions

Last updated September 11, 2018

Agreement between User and www.AmyBeardMD.com

Welcome to www.AmyBeardMD.com. The www.AmyBeardMD.com website (the “Site”) is comprised of various web pages operated by Amy Beard MD PLLC (“AmyBeardMD.com”). www.AmyBeardMD.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.AmyBeardMD.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.AmyBeardMD.com is the official web page for Amy Beard MD and is an E-Commerce Site.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

General

The website, www.amybeardmd.com, store.amybeardmd.com  are owned and operated by Amy Beard MD PLLC. ( Collectively, the Site, Company, We, Our or Us). By agreeing to use the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy, all applicable laws and regulations, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

AmyBeardMD.com is an online virtual Functional Medicine clinic. We also offer a select number of private label supplements, meal replacement shakes and spice blends.

Privacy

Your use of www.AmyBeardMD.com is subject to AmyBeardMD.com’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.AmyBeardMD.com or sending emails to AmyBeardMD.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AmyBeardMD.com is not responsible for third party access to your account that results from theft or misappropriation of your account. AmyBeardMD.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

AmyBeardMD.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.AmyBeardMD.com only with permission of a parent or guardian.

Cancellation/Refund Policy

We offer a 30-day (from the time of purchase), refund policy for damaged products. If your product is damaged, please contact our customer service team by telephone at 501-581-1212 or by email at office@AmyBeardMD.com. to obtain a Return Merchandise Authorization (RMA) number.
A refund will be processed upon receipt of photo of damaged package and products.

Links to Third Party Sites/Third Party Services

www.AmyBeardMD.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AmyBeardMD.com and AmyBeardMD.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AmyBeardMD.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AmyBeardMD.com of the site or any association with its operators.

Certain services made available via www.AmyBeardMD.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.AmyBeardMD.com domain, you hereby acknowledge and consent that AmyBeardMD.com may share such information and data with any third party with whom AmyBeardMD.com has a contractual relationship to provide the requested product, service or functionality on behalf of www.AmyBeardMD.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.AmyBeardMD.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AmyBeardMD.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AmyBeardMD.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AmyBeardMD.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AmyBeardMD.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AmyBeardMD.com or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your AmyBeardMD.com account to third party accounts. By connecting your AmyBeardMD.com account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Online Commerce

We may offer, recommend, promote or introduce you to products, made by third-parties. We may derive commissions from such sales or offers.
Certain sections of the Site may allow you to purchase many different types of products and 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 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 the merchant. 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 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.
You agree that our site shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
When making a purchase for a third party that requires you to submit the third party’s personal information to a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

International Users

The Service is controlled, operated and administered by AmyBeardMD.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AmyBeardMD.com Content accessed through www.AmyBeardMD.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless AmyBeardMD.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AmyBeardMD.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AmyBeardMD.com in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AmyBeardMD.com agree otherwise, 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.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMY BEARD MD PLLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

AMY BEARD MD PLLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMY BEARD MD PLLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMY BEARD MD PLLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMY BEARD MD PLLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

AmyBeardMD.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas and you hereby consent to the exclusive jurisdiction and venue of courts in Arkansas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AmyBeardMD.com as a result of this agreement or use of the Site. AmyBeardMD.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AmyBeardMD.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AmyBeardMD.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AmyBeardMD.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AmyBeardMD.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Shipping and Delivery

We endeavor to ship all domestic orders within 1-2 business days of receipt via priority mail. We do not ship out of the US at this time. Any order being shipped in the continental United States over $100 is eligible for free Ground shipping.

If you need to cancel a recent order, please contact us at 501-581-7262.

Billing Terms

If you are signed up for a recurring autoship order, your credit card will be billed and the order will be shipped on the same day the order is set to process. You can update your autoship schedule or make any changes to the order in your online account. You can cancel this schedule at any time.

Refund Policy

We offer a 30-day (from the time of purchase), refund policy for damaged products. If your product is damaged, please contact our customer service team by telephone at 501-581-1212 or by email at office@AmyBeardMD.com. to obtain a Return Merchandise Authorization (RMA) number.
A refund will be processed upon receipt of photo of damaged package and products.

NOT MEDICAL ADVICE

The information provided on this site is not a substitute for medical advice and should not be considered as medical advice. You may schedule time with one of our practitioners or with your PCP when you are in need of medical advice.
Store Support
Support is available Monday to Friday: 8am to 5pm Central Standard Time.
Email: office@AmyBeardMD.com – Telephone: (501) 581-1212

Changes to Terms

AmyBeardMD.com reserves the right, in its sole discretion, to change the Terms under which www.AmyBeardMD.com is offered. The most current version of the Terms will supersede all previous versions. AmyBeardMD.com encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

AmyBeardMD.com welcomes your questions or comments regarding the Terms:

Amy Beard MD PLLC
12600 Cantrell Rd Suite 200
Little Rock, Arkansas 72223

Email Address

:
office@amybeardmd.com

Telephone number:

501-581-1212

Effective as of September 11, 2018