TERMS AND CONDITIONS

Welcome! This Website is owned by Jeffrey A. Morrison, MD, LLC d/b/a The Morrison Center (“TMC”). The following sets forth the terms and conditions (the “Terms” or “Agreement”) upon which TMC and/or its affiliates (referred to herein as “we”, “us” or “our”) offers you (the “Customer” or “you”) access to our website, www.morrisonhealth.com (the “Website” or “Site”).

Accessing, browsing, placing an order for products or services through this Website, or otherwise using this Website, is a privilege subject to the following Terms and indicates your acceptance and agreement to be bound by these Terms. If you do not accept these Terms, do not use this Website.

Please read the Terms carefully before using this Website. We reserve the right to modify the Terms at any time with or without notice to you. Such modifications are effective immediately upon posting on this Website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. We reserve the right to revoke any or all access and use authorizations granted to you in regards to this website.

SERVICES AND PRODUCTS

This Website provides you with access to a variety of resources, including but not limited to information concerning services provided by TMC (collectively, the “Services”) and products sold by Daily Nutritionals, Inc. (collectively, the “Products”).

PRODUCT SALE POLICIES

The Return Policy, Shipping Rates and Payment Options for the Products are set forth on the Site and incorporated herein by reference (collectively, the “Product Sale Policies”). To the extent the Product Sale Policies conflict with this Agreement, the Terms of this Agreement shall govern.

PAYMENT AND ORDER ACCEPTANCE POLICY

Terms of payment are within our sole discretion, and unless otherwise agreed in writing, payment must be received by us prior to our acceptance of an order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason and, without prior notice to you, to supply less than the quantity you ordered of any item.

PRICING AND AVAILABILITY

All prices are shown in U.S. dollars. Taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to discontinue Products or Services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Additionally, many Products displayed on our Site are also available in retail stores and practitioners’ offices, but you should not assume that what you see on the Site can always be seen at retail outlets. Prices displayed on the Site may vary from those in the store or from store-advertised prices.

SHIPPING & HANDLING; NO EXPORT BY YOU

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

DELIVERY; TITLE; RISK OF LOSS

When an order is placed, it will be shipped to an address designated by the Customer as long as that shipping address is compliant with any shipping restrictions contained in these Terms, any other terms of use, or on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the 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. We shall not be liable for any delays in delivery beyond our reasonable control.

MEDICAL AND HEALTH DISCLAIMER

Any medical or general health information provided on this Site, including but not limited to any information concerning the Services and Products, is provided for informational purposes only and is not intended as medical or health advice nor as a substitute for conventional medical advice, services or products. In the event you have a medical or health problem, or suspect that you may have a medical or health problem, promptly contact a trained and licensed medical professional or physician. No information obtained on this Site should be relied on as a basis for treating or diagnosing conditions, symptoms, or illness and all such queries should be directed to your health professional. In the event you fail to consult appropriate health professionals, you assume the risk of any injuries. No guarantee or warranty of a cure is expressed or implied with any information on this Website. Nothing on this Website should be construed as a recommendation or endorsement of any particular health professional or medical physician.

DISCLAIMER OF WARRANTIES

Your use and browsing of this Site is solely at your own risk. If you are dissatisfied with the Site or any of the information, materials or Products on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES, PRODUCTS, USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS.

YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT THIS SITE, ALL PRODUCTS AND ALL INFORMATION PROVIDED ON THIS SITE, OR OTHERWISE INCLUDED OR AVAILABLE THROUGH THIS SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND THAT WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE PRODUCTS OR ANY PRODUCT (ALL OF WHICH ARE DISCLAIMED).

WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DO NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES REGARDING THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCE SHALL TMC, ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOING DIRECTORS, OFFICERS, E
MPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THIS AGREEMENT, ANY INFORMATION AND/OR PRODUCTS OBTAINED THROUGH THIS SITE OR FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE OR THE AMOUNT YOU PAID FOR THE PRODUCTS WHICH GIVE RISE TO THE LIABILITY, AS APPLICABLE. YOU MAY BRING NO CLAIM AGAINST US MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

INDEMNIFICATION

You agree to indemnify and hold us, and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any losses, claims, demands, liabilities or any expenses whatsoever, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or which we may at anytime incur in connection with our performance under this Agreement or your use of the Site, including, but not limited to, those arising from our sole or comparative negligence.

USE LIMITATION

You may download material from the Site only for your own personal, non-commercial use. You represent and agree that you are at least 18 years of age and that if you are younger than 18 you will not use this Site.

NO UNLAWFUL OR PROHIBITED USE

You shall use the Site and Products in compliance with all applicable domestic and international laws, statutes, ordinances and regulations.

OWNERSHIP, TRADEMARK AND COPYRIGHT

You agree and acknowledge that TMC is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws.
DURATION OF THIS AGREEMENT

This Agreement is effective as of April 1, 2012 and will continue to be effective until we terminate it. We may modify or terminate this Agreement immediately and without notice if we, at our sole discretion.

THIRD PARTY CONTENT AND LINKED SITES

This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to us. These links are provided for your convenience and are for reference only and you agree that the links do not imply that we are affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of ours. We make no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, We do not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Site without first obtaining our written permission.

INTERNATIONAL USERS

Materials published at this Site may refer to Products, programs or Services that are not available in your country. TMC makes no representation that the contents of the Site are appropriate or available for use at locations outside of the United States, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Site or export any contents of the Site in violation of U.S. export laws and regulations. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.

JURISDICTION AND GOVERNING LAW

TMC operates and controls this Site (excluding linked sites) from its offices within the State of New York, United States of America. You agree that the statutes and laws of New York will apply to all matters regarding the use of this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts of New York with respect to such matters. We make no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

MISCELLANEOUS AND WAIVER

Any failure by us to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and us relating to your use of the Site. This Agreement shall be binding on the parties and their executors, administrators, successors and assigns.