Terms of Use Agreement

Welcome to Doctor Next Door.com

It is our intention to provide you with excellent service, excellent products, and to protect your privacy to a reasonable extent. We ask you to respect our right to ownership of our website, its photos, graphic design, and services which are all the property of Doctor Next Door. By using this site, you agree to be bound by these Terms and Conditions, so we encourage you to become familiar with them before using our site.

Terms Applicable To All Doctor Next Door Events Physical and Virtual.

Copyright:

Copyright © 2022 Doctor Next Door. All rights reserved. This site is intended for personal, noncommercial use. Please enjoy our site, but you may not use our photos, graphics, logos, software, text, illustrations, and images for any commercial use. Downloading for commercial use is strictly forbidden by U.S. copyright laws and international conventions. You agree that you do not acquire any ownership rights by downloading material from. You agree by using this site to respect our right to ownership of anything published or posted on our website.

Trademarks: Patents.

“Doctor Next Door” is a trademark and/or service mark. Logos, graphic styles, graphics, trade names and the general look of our site are trademarks or trade dress of Doctor Next Door. If any other trademarks appear on our site, they are the property of their respective owners. Our expressed written consent is required for any use of our trademarks or trade dress.

Products:

We make every attempt to portray accurate representations of the products we offer, but by the very nature of our products, their look will vary seasonally and my look very different than the photo of that product on our site. We reserve the right to substitute any product for the one ordered if we deem it necessary.

Content and information on Doctor Next Door.com is provided for informational purposes only. It is not meant to substitute the advice provided by one's physician or any other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing medication. If you have or suspect that you have a medical problem, immediately contact your health care provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. While we work extremely hard to ensure that all product information is correct, manufacturers sometimes change their logos, packaging and products. You should use our site as a reference, carefully read all product packaging, and contact the manufacturer with any questions before using a product. We are not liable for inaccuracies or misstatements about products. Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by Doctor Next Door.com. Actual results may vary among users.

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

For all charges for any products and services sold on the Web Site, Doctor Next Door will bill your credit card or alternative payment method offered by Doctor Next Door. In the event legal action is necessary to collect on balances due, you agree to reimburse Doctor Next Door for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.

Privacy:

At Doctor Next Door we respect your right to privacy. We will collect personal information to the extent necessary to process your order. To a limited extent, we must share your personal information to expedite your order.

We Do Not Knowingly Collect Nor Solicit Personal Information From Individuals Under Age 21.

Cookies

We may use marketing organizations to collect anonymous information to record web traffic, advertisement effectiveness, click throughs and other web activities. No personal, identifiable information is shared with any other organization.

Links

We may have links to other third party vendors on our site. We encourage you to check the privacy policies of these vendors as Doctor Next Door is not responsible for the privacy policies of other sites.

Notification of Changes

Any change in privacy policy will be posted to our homepage. In the unlikely event that we decide to use personal, identifiable information in a manner different than that expressed in the privacy policy at the time it was collected, we will notify you by email. Please note if you have opted out of email updates from Doctor Next Door you will not be able to receive Privacy Policy updates.

Last Updated: 10-03-2022 05:11

Disclaimer of Warranty and Indemnification:

Use of this site is at you own risk. We make every effort to provide excellent customer service, but use of this site conveys no warranty to the user. Doctor Next Door and it affiliates can not be held liable or responsible to you or any third party for any damages due to failure of performance of this site. You agree to defend, indemnify, and hold harmless Doctor Next Door, its affiliates, third party service providers and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses including reasonable attorney's fees, arising out of a breach of the Terms and Conditions by you and/or your activities in connection with this site.

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Web Site post to the Web Site or transmit using the Web Site (“User Generated Content”) do not represent the views of Doctor Next Door or any individual associated with Doctor Next Door, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, Doctor Next Door endorsement of User Generated Content. Doctor Next Door does not vouch for the accuracy or credibility of any User Generated Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

Neither Doctor Next Door nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Except as prohibited by applicable New Jersey law, you agree to defend, indemnify and hold Doctor Next Door and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.

Limitation of Liability:

Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable New Jersey law, neither Doctor Next Door nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.

Except as prohibited by applicable New Jersey law, in no event will Doctor Next Door or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions. NEW JERSEY RESIDENTS: With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. Except as prohibited by applicable New Jersey law, in no event shall Doctor Next Door total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.

Legal Notice to New Jersey Residents:

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Doctor Next Door tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) adidas’ failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

Dispute Resolution - Arbitration, Jury Trial Waiver, and Class Action Waiver

“Web Site Disputes” include: (a) any claim you may have against Doctor Next Door in connection with the Site, (b) any claim v may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.

All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of an Doctor Next Door product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.

Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.

You and Doctor Next Door intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.

You and Doctor Next Door waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and Doctor Next Door waive any right to a jury trial for Web Site Disputes.

Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.

Any Web Site Dispute shall be determined by arbitration in Cleveland before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.

To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against Doctor Next Door and its affiliated companies, or participate in a class action against Doctor Next Door and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Doctor Next Door and its affiliated companies, in any Web Site Dispute.

In the event that you have a dispute with one or more other users of the Web Site, you release Doctor Next Door (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination:

If you do not agree with these Terms and Conditions, your only right is to discontinue visiting and using our site.

Digital Millennium Copyright Act ("DMCA") Notice:

In operating the Web Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.

In Writing: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.