Terms and Conditions of Use – USA Pro Health, dba Cornerstone Wellness
By using the Services, you agree to these Terms and Conditions. Please read carefully.
USA Pro Health, a California corporation, dba Cornerstone Wellness, (“USAPH”) provides website features and other related services (the “Services”) to you when you visit USAPH’s website(s), use the shopping cart, make purchases, or use any of the Services, as well as products available for purchase through the website(s), including but not limited to, protein supplements, Omega Health Omega3 supplement, and Metassist carb control supplement (the “Products”). USAPH’s website(s) include, but is not limited to, https://cornerstonewellnessmd.com; https://usaprohealth.com; https://cornerstonewellnesshealth.com.
USAPH provides the Services and Products subject to the following Terms and Conditions of Use. The term “you” and “your” as used herein refers to you, your dependents, if any, or any other person on whose behalf you are acting.
Your acceptance of and compliance with these Terms and Conditions is a condition to your use of the Services and purchase of Products.
Arbitration Notice: These Terms and Conditions provide that all disputes between you and USAPH shall be resolved by binding, individual arbitration, as set forth in further detail below.
Prop 65 Exempt: USAPH has fewer than ten employees and is exempt from Proposition 65’s warning requirements.
USAPH IS NOT A MEDICAL OR HEALTH CARE PROVIDER AND MAKES NO MEDICAL CLAIMS OR ADVICE
USAPH is not a medical or health care provider, makes no medical claims, and offers no medical advice or care. USAPH does not recommend any specific medical providers or procedures. You are solely responsible for choosing your own particular medical provider. You acknowledge that your reliance on any medical provider or information delivered by any medical provider is solely at your own risk and you assume full responsibility for all such risks.
USAPH may utilize wellness coaches who educate and motivate individuals to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, and diet. While USAPH’s wellness coaches may have nutritional backgrounds, often in medical clinics, USAPH’s wellness coaches are not licensed physicians and do not prescribe or recommend medications, or provide medical advice or care.
The Services, including without limitation, any content on the website(s), is for informational purposes only and does not constitute professional medical advice, treatment, or recommendations of any kind.
You understand and agree that your use of the Services and/or purchase of Products does not in any way result in a doctor-patient or any other provider-patient relationship.
Before purchasing or using any Products, you should always refer to and consult with your physician.
ACCESS AND ELIGIBILITY
USAPH does not provide Services or Products to minors. In accessing the Services or purchasing Products, you represent and warrant that you are older than eighteen (18) years of age.
In registering and creating an account to access and use the Services or purchase Products, you agree to fully and accurately provide all identifying information, including your name, mailing address, phone number, email address, and password. Your credentials are personal to you and you are solely responsible for maintaining the security and confidentiality of your information and password. You may not use anyone else’s account, nor may you provide your account information to any other person.
USAPH reserves the right to refuse Services, to terminate accounts, to remove or edit content, and to cancel orders, in its sole and absolute discretion at any time and for any reason.
When you use the Services, or send e-mails, text messages, and other communications to USAPH, you are communicating with USAPH electronically. You consent to receive electronic communications from USAPH, such as e-mails, texts, mobile push notices, or notices and messages, at the email address or mobile number you provided. You agree that all communications USAPH provides to you electronically are considered to satisfy any legal requirement that such communications be in writing. USAPH shall not be responsible for the security or privacy of any communications you send or receive relating to or arising out of the Services.
In using the Services, you may be providing certain information protected under applicable laws. However, in doing so, you understand and agree that USAPH is not a “covered entity” under the Health Insurance Portability and Accountability Act, and its related regulations and amendments (collectively, “HIPAA”). By using the Services or purchasing Products, you agree that HIPAA does not apply. If, for some reason HIPAA is deemed to apply for any reason, you agree that any information you submit to USAPH is not considered Protected Information.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. USAPH MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES AND THE PRODUCTS. BY USING THE SERVICES AND/OR PURCHASING PRODUCTS, YOU HEREBY AGREE TO WAIVE ANY AND ALL WARRANTIES AND SPECIFICALLY AGREE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATIONS, WARRANTIES, INDUCEMENTS, OR PROMISES RELATING TO THE SERVICES OR THE PRODUCTS.
LIMITATION OF LIABILITY
TO THE EXTENT USAPH MAY BE FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY, ANY DAMAGES AGAINST USAPH SHALL BE EXPRESSLY LIMITED TO AND SHALL NOT EXCEED THE SUM OF THE PAYMENTS MADE BY YOU TO USAPH, BUT IN NO EVENT EXCEEDING ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00). UNDER NO CIRCUMSTANCES WILL USAPH BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, IN CONNECTION WITH THE SERVICES OR THE PRODUCTS. BY USING THE SERVICES OR PURCHASING PRODUCTS, YOU EXPRESSLY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTIES IS REASONABLE UNDER THE CIRCUMSTANCES AND IS PART OF THE BARGAINED FOR EXCHANGE. YOU FURTHER UNDERSTAND AND AGREE THAT USAPH IS PROVIDING THE SERVICES AND THE PRODUCTS BASED ON THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, THIS LIMITATION OF LIABILITY.
You agree to defend indemnify, and hold USAPH harmless from and against any and all claims, actions, suits, proceedings, damages, judgments, injuries, liabilities, losses, fees and costs (including, without limitation, attorney’s fees and litigation expenses) relating to or arising out of your use of the Services or purchase of Products, violation of law, willful misconduct, or breach of these Terms and Conditions.
If Products offered by USAPH are not as described or otherwise defective in any manner, your sole remedy is to return the Products in an unused condition.
RISK OF LOSS
All Products purchased from USAPH’s website(s) are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND USAPH ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE SERVICES, OR THE PRODUCTS SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
ACCORDINGLY, YOU AGREE TO GIVE UP ANY RIGHTS YOU MAY HAVE TO GO TO COURT, AND YOU FURTHER AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS BASED ARBITRATION. THE CLAIMS OF MORE THAN ONE PERSON CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON.
THE ARBITRATION SHALL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN EL DORADO COUNTY, PLACER COUNTY, OR SACRAMENTO COUNTY, UNLESS THE PARTIES OTHERWISE AGREE IN WRITING.
THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
PREREQUSITE TO ARBITRATION
Before you commence arbitration of a dispute, you must provide USAPH with written Notice of Dispute, including your name, address, username, a detailed description of your claims or dispute, and a detailed explanation of the relief you seek. If the parties are unable to resolve the dispute within thirty (30) days after Notice of Dispute is received by USAPH, then either party may commence arbitration.
This Agreement shall be governed by and construed in accordance with the procedural and substantive laws of the State of California, without regard to any conflicts of law provisions.
NO THIRD-PARTY RIGHTS OR BENEFICIARIES
Nothing herein is intended to confer any rights or remedies on any person other than you. The Terms and Conditions herein, the Services, and the Products are not intended for the benefit of any third party, but solely for the Parties to this Agreement.
No failure to exercise and no delay in exercising any right, power, or remedy hereunder shall impair any right, power or remedy which any Party may have, nor shall any such delay be construed to be a waiver of any such right, power, or remedy, or any acquiescence in any breach or default hereunder. Any waiver, permit, consent or approval by any Party of any breach or default hereunder must be in writing and shall be effective only to the extent set forth in such writing signed by the Party to be charged and only as to that specific instance.
It is the intent of the Parties that any and all provisions contained herein shall be enforced to the fullest extent permitted by law. If any provision of these Terms and Conditions shall be declared to be illegal, invalid, unreasonable in scope, or otherwise unenforceable, the Parties agree that the terms may be modified and reformed to allow enforcement to the fullest extent permitted by law. Additionally, in the event that any of these Terms and Conditions should be held to be void, voidable or unenforceable, the remaining portions hereof shall remain in full force and effect as each provision is an independent covenant and not a condition precedent to the effectiveness of any other provision herein.
These Terms and Conditions contain the entire agreement and understanding between the parties hereto and supersedes any and all prior or contemporaneous written or oral agreements, representations, and warranties respecting the subject matter hereof.
This Agreement shall inure to the benefit of the parties and their respective successors and assigns.