WEBSITE USE TERMS AND CONDITIONS
Before using this website, self-assessment and interactive tools, or the product store (collectively, the “Site”), you shall read all terms and conditions of this agreement (the “Agreement”). By using the Site, you acknowledge and agree to be bound by the terms and conditions of this Agreement. The Zira Mind & Body Center, Ltd. and its affiliates (collectively, the “Zira”) reserves the right, at its sole discretion, to change, modify, and/or add content to the Site. Your continued use of the Site constitutes an acceptance and agreement to be bound by all subsequent changes to and updates of this Agreement.
In the event that the Site is taken on by a subsequent owner in the form of a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms and conditions of the Site’s subsequent owner or operator.
I. This Site does not constitute medical advice
This Site is for informational purposes only and does not constitute medical advice, diagnosis, or treatment, nor does this Site provide a guaranty of treatment, outcome, or cure. Using the Site does not form a doctor-patient relationship and no expectation of such relationship shall be construed. Reliance on any information contained in the Site is solely at your own risk. Any health decisions made based on information contained in the Site is also solely at your own risk.
All portions of the Site are for informational purposes only. The “Identify Your Dosha” quiz and all other interactive self-assessment tools are for informational purposes only and are not intended for diagnostic purposes. The Zira does not review or analyze the information provided upon completion of the self-assessment tools. Completed medical forms, confidential information, or time sensitive health information shall not to be sent, faxed, or emailed to the Zira. Any unsolicited medical forms or information submitted by email, mail, or fax will not be examined and will be destroyed in due course.
THE INFORMATION CONTAINED ON THIS SITE IS FOR EDUCATIONAL USE ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL EVALUATION AND TREATMENT OF HEALTH CONDITIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHALL CALL YOUR DOCTOR OR 911 (OR SUCH OTHER NUMBER USED FOR MEDICAL EMERGENCIES IN YOUR JURISDICTION) IMMEDIATELY.
II. Age consent
By using this Site, you represent and warrant that you are of adult age (as determined by the applicable jurisdiction) and are bound by the terms of this Agreement as determined by the applicable laws.
III. Use of content
The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Zira and/or its licensors and are protected by applicable US and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site or its content and/or any portion thereof. Content and features are subject to change or termination without notice in the editorial discretion of the Zira. All rights not expressly granted herein are reserved to the Zira and its licensors
IV. Blog content
The content contained in the “Zira Blog” is to be used solely at your own risk and is provided for informational purposes only. It is not a substitute for medical care, rehabilitation, educational consultation, or legal advice. Information contained in the blog is general and does not address any particular individual’s situation and/or needs. You should seek professional advice for any specific questions and concerns.
Under no circumstances, shall the authors and publishers of the blog be liable under any theory of recovery for any damages arising out of or in any manner connected with the use of information, services, or documents from the Site. The Zira reserves the right to change, add, or delete all content within the blog. No information provided by the third-parties or cited in the blog has been independently verified, tested, or examined by the Zira.
V. Products page content
The content available on the “Products” page is to be used at your initiative and solely at your own risk. The displayed products have not been tested, evaluated, or approved by the Food and Drug Administration (the “FDA”), and are not intended to treat, diagnose, or cure any disease. The herbal food supplements and nutrient blends recommended on the Site have not been evaluated by the FDA nor are these herbal food supplements and nutrient blends been approved by the FDA for the prevention, diagnosis, treatment, or cure of any disease condition. You should read carefully all product packaging and labeling instructions prior to use. Reliance on any information contained on the Site is solely at your own risk. Any health decision made based on the information contained in the Site is solely at your own risk.
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
VI. Partners and advertisers on the Site
The Zira may have third-party partners or advertisers displayed on the Site, which may have links to the third-party sites. The Zira does not recommend and does not endorse the content on any third-party websites. The Zira is not responsible for the content of any linked third-party sites or third-party advertisements and does not make any representations, warranties, or assurances regarding their content or accuracy. Your use of third-party websites is at your initiative and own risk and subject to the terms and conditions of use applicable for such sites. The Zira does not endorse any product, service, or treatment advertised on the Site.
VII. Disclaimer of warranties
The Zira makes no warranties as to the accuracy or completeness of content available on or through the Site. You expressly acknowledge and agree that the information provided on the Site in connection with many recommendations is educational information and often may not be verified. Some of the recommendations and information provided on the Site may be based on clinical experience of Dr. Trupti Gokani (“Dr. Gokani”) and theories/teachings based on how these products may help to balance the human body. By using the Site, you acknowledge that the Zira’s recommendations and products may be developed by or in association with Dr. Gokani, who is affiliated with the Zira and may be involved in the formulation of certain supplements and/or development of the product recommendations.
You acknowledge and agree that the information on the Site is not for the purpose of diagnosing the presence or absence of, or of treating, curing or preventing any disease or other specific health problem, and the author, Dr. Gokani, is not assuming any responsibility for the treatment of any such health problems.
The Site and the information are provided therein is on an "as is" basis. THE ZIRA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, the Zira, its licensors, and its suppliers make no representations or warranties about the following:
(i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users' exercise of any rights under any of the licenses granted by the Zira herein. The Zira reserves the right, in its sole and exclusive discretion, to change, modify, add, remove, or disable access without notice to any portion of the Site (including, without limitation, any of the Site’s products or services).
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE ZIRA, DR. GOKANI, THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF. TO THE EXTENT ZIRA, DR. GOKANI, THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THEIR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify and hold harmless the Zira and its officers, directors, agents, employees, representatives, licensees, authorized designees, and suppliers from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' and accountants’ fees and costs, whether or not incurred through litigation or settlement) that such parties may incur as a result from, or arising from, or alleged to result from or arise from, your violation of these terms and conditions.
Additionally, you agree to indemnify and hold harmless Dr. Gokani from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ and accountants’ fees and costs, whether or not incurred through litigation or settlement) that such parties may incur as a result from, or arising from use or misuse of any product(s) or product information. In no event shall Dr. Gokani be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Dr. Gokani is advised of the possibility of such damages. Dr. Gokani is not liable for any personal injury, including death, caused by your use or misuse of the Site or the products and services obtained through the Site.
IX. Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois without regard to any choice of law or conflict of laws principles, regardless where the Site’s use is located.
You expressly agree that exclusive jurisdiction for any dispute with the Zira or in any way relating to your use of the Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving the Zira or any of its affiliates, subsidiaries, employees, contractors, directors, and content providers.
Given the nature of the Internet, even though the Site is designed for US residents, it may be accessed in other parts of the world. If you are not a US resident and yet use the Site, you acknowledge, understand, and agree that you are doing so on your own initiative and at your own risk. It is your responsibility to make sure that your use of the Site and supplements sold therein comply with all applicable local laws. If you are not a US resident, by submitting your information through this Site, you consent to the transfer of such information to the US, where your data will be subject to the applicable US and local laws. Such laws may provide a level of data security different than your country
This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois without regard to any choice of law or conflict of laws principles, regardless where you are located. All actions and proceedings arising under or in connection with this Agreement shall be subject to this provision. Each party to this Agreement agrees that any and all disputes that may arise out of this Agreement or out of each party’s relationship with the other shall be submitted for resolution to the American Arbitration Association’s (“AAA”) Chicago, Illinois office. In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the appropriate court (the circuit court or northern district court) in Cook County, Illinois. If either party desires arbitration, it agrees to serve a written notice of the arbitration to the other party and the AAA’s Chicago, Illinois office. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
XII. Waiver of Jury Trial and Complete agreement
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HERETO WAIVE THEIR RIGHT TO A JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
If any provision of the Agreement shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of the Zira and/or Dr. Gokani to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
These terms and conditions set forth herein, along with other disclaimers and policies disclosed in the Site, constitute the entire agreement between you and the Zira with respect to the use of the Site and its content.